Terms & Conditions

Last updated: May 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Thinking of You mobile application (the “Service”) operated by Thinking of You Limited (“us”, “we”, or “our”). We are registered in England and Wales under company number 09995242 and have our registered office at 13-14 Archer Street, London, England, W1D 7BD. Our main trading address is the same address. Our VAT number is 289275253.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

 

There are other terms that may apply to you.

These terms of use refer to the following additional terms, which also apply to your use of our Service:

Our Privacy Policy.

Our Cookie Policy, which sets out information about the cookies on our site.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding any password that you may use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Thinking of You Limited and its licensors. The Service is protected by copyright, trademark, and other legislation. Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of Thinking of You Limited.

When you upload content, you give to Thinking of You Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Thinking of You Limited business.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnity

You agree to indemnify and hold harmless Thinking of You Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.

 

Here are our current T&C's

Limitation of Liability

Except as expressly stated below:

(a)          Thinking of You Limited shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:

(i)            special damage even if Thinking of You Limited was aware of the circumstances in which such special damage could arise;

(ii)           loss of profits;

(iii)          loss of anticipated savings;

(iv)         loss of business opportunity;

(v)          loss of goodwill;

(vi)         loss or corruption of data,

provided that this provision shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause (b) below or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this clause (a);

(b)          the total liability of Thinking of You Limited, whether in contract, tort (including negligence) or otherwise and whether in connection with this licence or any collateral contract, shall in no circumstances exceed a sum equal to the limit of any applicable Thinking of You Limited’s indemnity insurance policy (being £5,000,000 any one claim under Professional Indemnity Insurance and £500,000 each and every claim Cyber Insurance.

You agree that, in using the app, either you did not rely on any representations set out on the website, or (if you did rely on any such representations,) that you shall have no remedy in respect of such representations and (in either case) Thinking of You Limited shall have no liability in any circumstances otherwise than in accordance with these Terms and Conditions.

The exclusions above shall apply to the fullest extent permissible at law, but Thinking of You Limited does not exclude liability for:

(a)          death or personal injury caused by the negligence of Thinking of You Limited, its officers, employees, contractors, or agents;

(b)          fraud or fraudulent misrepresentation; or

(c)           any other liability which may not be excluded by law.

 

Payments

Thinking of You receives a 2.5% operating fee from any donation made (unless expressly stated otherwise). Our card payments providers may make a processing charge to Thinking of You and indicative charges ( which may be amended by the card payment providers from time to time) are 1.4% fee +20p for donations made on a European debit or credit card (or a 2.9% fee + 20p for donations made on a Non-European card). These charges are paid for out of the total donation amount.

For administration purposes Donations are remitted to your chosen charity in a prompt and timely manner based on payment dates agreed with the relevant charities.

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Thinking of You Limited its affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy & Cookies

 

Effective date: May 2020

Thinking of You Limited (“us”, “we”, or “our”) operates the website and the Thinking of You mobile

Thinking of You Limited (“us”, “we”, or “our”) operates the website and the Thinking of You mobile application (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service

Service means the website and the Thinking of You mobile application operated by Thinking of You Limited.

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, Thinking of You Limited is Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any individual who is using our Service and is the subject of Personal Data.

GDPR

The General Data Protection Regulation 2016/679

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). We collect and securely store any personal information you supply to us and retain it in accordance with our retention policy.

Personal information is any information that can be used to identify you. Generally, this information may include your name, email or postal address, date of birth, and any preferences you have expressed to us about your interests or how you would like to be contacted.

Some information on how people interact with our website is monitored using Google Analytics. This information remains anonymous and helps us to make our website easier to use and more helpful to the people who visit it. We may also collect the number given to your computer or device on the internet, known as an Internet Protocol (IP) address when you interact with us online.

We do not usually collect sensitive personal data about our Service users. If you choose to share this information with us, we will always treat it sensitively.

We will not share personal information without your consent unless we are legally obligated to do so.

What information we collect

Depending upon your use of our services, We may collect some or all of the following personal and non-personal data:

  • Name

  • Address

  • Email address

  • Telephone number

  • Business name

  • Payment information

  • Information about your preferences and interests

  • IP address

  • Web browser type and version

  • Operating system

A list of URLs starting with a referring site, your activity on this site, and the site you exit to.

How we use this information

The data we collect is used to help us improve the information supplied to visitors to our website and the services that we provide to individual clients or stakeholders.

We will only use this information to:

  • provide you with the information or service you have requested

  • for internal administrative purposes and to let you know about changes to our services or policies

  • keep you up to date with our business and opportunities.

  • improve our service to you

The use of your information enables us to keep you informed about our Service.

We may also analyse your information and feedback to improve the services we provide. We use traffic analysis tools to evaluate website traffic, in order to help us continually improve the design, content and layout of pages.

Under the GDPR, We must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one or more of the following purposes:

  • Providing and managing your Account

  • Providing and managing your access to the Service

  • Personalising and tailoring your experience of the Service

  • Supplying our Services to you

  • Personalising and tailoring our Services for you

  • Communicating with you. This may include responding to emails or calls from you

  • Supplying you with information by email or post that you have opted-in to (you may unsubscribe or opt-out at any time by using the opt out method indicated on the correspondence

  • Analysing your use of our Services and gathering feedback to enable us to continually improve our Services and your user experience.

We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

Third Parties including Charities whose content appears on our website or ap may use third-party Cookies. Please note that We do not control the activities of such third parties, nor the data that they collect and use themselves, and We advise you to check the privacy policies of any such third parties.

Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies.

We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

​Security Cookies.

We use Security Cookies for security purposes.

Use of Data

Thinking of You Limited uses the collected data for various purposes:

  • To provide and maintain our Service

  • To notify you about changes to our Service

  • To allow you to participate in interactive features of our Service when you choose to do so

  • To provide customer support

  • To gather analysis or valuable information so that we can improve our Service

  • To monitor the usage of our Service

  • To detect, prevent and address technical issues

  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the UK and/or any country within the European Economic Area (EEA), Thinking of You Limited legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Thinking of You Limited may process your Personal Data because:

  • We need to perform a contract with you

  • You have given us permission to do so

  • The processing is in our legitimate interests and it is not overridden by your rights

  • For payment processing purposes

  • To comply with the law

Retention of Data

Thinking of You Limited will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Thinking of You Limited will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Sharing of Data

If you agree, we make information about you and your fundraising event available to the Charity that you are fundraising on behalf of, for their marketing purposes. With your consent, we also share relevant information about you, when you make a Direct Donation to the Charity. The Charity may use this for their marketing purposes.

Our charity partners claim Gift Aid on your behalf. If you have chosen not to share your personal information for marketing with the Charity, your Gift Aid declaration will be shared with the Charity for this purpose only.

We securely share your information with trusted partners in order to maintain the Service. Partners include companies, contractors and your nominated Charity who may share your information with HMRC (for Gift Aid reclaim) where you have selected this option.

Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we process all data in the United Kingdom.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Thinking of You Limited will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction:

If Thinking of You Limited is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement:

Under certain circumstances, Thinking of You Limited may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements:

Thinking of You Limited may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of Thinking of You Limited

  • To prevent or investigate possible wrongdoing in connection with the Service

  • To protect the personal safety of users of the Service or the public

  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights Under the GDPR

If you are a resident of the UK and/or the European Economic Area (EEA) you have certain data protection rights. Thinking of You Limited aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

You have the right to request to see all personal data that we hold about you. If you would like to exercise this right, or have any concerns about the personal data held on you, please let us know. Any personal data that you inform us is incorrect will be amended or deleted, as appropriate.

You can check, change, or update your details and preferences with us at any time using the contact details at the top of this page.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

  • The right to object. You have the right to object to our processing of your Personal Data.

  • The right of restriction. You have the right to request that we restrict the processing of your personal information.

  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Thinking of You Limited relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms

web page.

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Stripe

Stripe’s Privacy Policy can be viewed here.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: hello@thinkingofyouapp.com  

By visiting this page on our website: www.thinkingofyouapp.com/contact

By phone number: +44 20 7758 3933

By mail: 13-14 Archer St, Soho, London W1D 7BD

Thinking of You Cookie Policy

What Are Cookies?

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use them and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the site’s functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case, they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.

The Cookies we set:

Account related cookies

If you create an account with us, then we will use cookies for the management of the sign up process and general administration. These cookies will usually be deleted when you log out however in some cases, they may remain afterwards to remember your site preferences when logged out.

Login related cookies

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

Email newsletters related cookies

This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

Surveys related cookies

From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

Forms related cookies

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

Site preferences cookies

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features, these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways.

More Information

If there’s something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features, you use on our site.

However, if you are still looking for more information then you can contact us through one of our preferred contact methods:

Email: hello@thinkingofyouapp.com

Call: +44 20 7758 3933

Thank you. 

Our Mission

To be the most thoughtful place on your mobile, where lives are brightened and charities benefit more

+44 (0) 20 7758 3933

Thinking of You | 13-14 Archer Street | London | W1D 7BD

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