- Accessing and using Fundafriend.co.uk
- Account registration
- Our role
- Campaign Owners
- Other important terms
- About the content you and other users provide to Fundafriend.co.uk
- Exchanging personal information with other users
- Misuse of the site
- Disputes between Registered Users
- Our content
- Third-party software
- Promises, liability and disclaimer
- Copyright complaints
- General complaints and requests for further information
- Written communications
- Changes to these Terms and to Fundafriend.co.uk
- Contact us
This section contains information about our website and the fundraising platform we provide. It also explains how to access and register with the website and provides links to our policies and guidelines. These apply to your use of the website including the types of content you are permitted to post, the types of projects and related rewards we permit you to offer and what we do with any personal information we collect as you use the website.
Please note that Fundafriend does not offer regulated investments through the platform. Therefore it is not authorised or regulated by the Financial Conduct Authority. As with all rewards based crowdfunding and sales of community shares, there is no recourse to either the Financial Ombudsman Service or the Financial Services Compensation Scheme.
1.1 Welcome to Fundafriend.co.uk. The Fundafriend.co.uk website and the services provided through it (collectively, “Fundafriend.co.uk”) are operated by sole traders GASP Productions (“we”, “us” or “our” as appropriate). For our contact details, please visit the Contact Us page and see paragraph 11 of Section D, Contact us below.
1.2 We may make Fundafriend.co.uk available through a number of channels. It is currently available through the website located at www.fundafriend.co.uk.
1.3 To make these Terms quicker to read, we use a few key definitions: we refer to Registered Users that are seeking to raise funds and offer Rewards for doing so as “Campaign Owners”, their fundraising projects as “Campaigns”, the aims of a Campaign as its “Goal Amount”, Registered Users that support those campaigns by contributing funds as “Donors”, their contributions as “Donations”, the minimum total value of Donations sought by a Campaign Owner for a particular Campaign as the “Campaign Goal”, the maximum period for which Donations can be made for a Project as the “Campaign Period” and the total value of Donations (excluding cancelled Donations) that a Campaign has received at the end of the Campaign Period as “Total Donations”. Community Members and other visitors to the site are referred to as “Users” or “you”, as applicable.
1.4 Our platform only supports Keep what you raise Campaigns where you keep all the funds raised on your Campaign.
1.5 We provide a platform for individuals and organisations registered with Fundafriend.co.uk (“Registered Users”) to raise funds for campaigns that benefit their community and to contribute to those campaigns by funding them or by contributing their time and skills. The platform allows Campaign Owners to offer unique items, services or experiences (“Givebacks”) as ‘thank you’ gifts for this support and also provides them with an opportunity to build a community around each campaign by promoting it on the platform and on certain social media sites to friends, family and other supporters.
1.8 Please read these Terms carefully before you start to use Fundafriend.co.uk, as they will govern your use of Fundafriend.co.uk, the Campaigns and Givebacks that you create and offer as a Campaign Owner and the Donations you make as a Donor. We recommend that you print or save a copy of these Terms for future reference.
1.9 By using Fundafriend.co.uk, you confirm that you accept these Terms and that you agree to comply with them. If you are using Fundafriend.co.uk in connection with your organisation, the terms 'you', 'your' or 'your organisation' in these Terms are also a reference to the business, charity institution or other organisation or entity (“Business”) on whose behalf you act when using, registering, backing or creating a Campaign on Fundafriend.co.uk. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to Fundafriend.co.uk or interact with its Registered Users
1.10 If you have any queries or concerns regarding these Terms, please contact us using the details in paragraph 11 of Section D, Contact us below.
2. Accessing and using Fundafriend.co.uk
2.1 Anyone can access Fundafriend.co.uk. However, to post a campaign and become a Campaign Owner you will need to register as a Registered User by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the legal age in your jurisdiction and there must be no reason why you should not be in contact with any other Registered User. To create an account, please go to the Sign Up Now page. To use Fundafriend.co.uk Payments you must have a UK bank account.
2.2 You are not eligible to use Fundafriend.co.uk if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorised you in writing to resume using Fundafriend.co.uk.
2.3 We try to make Fundafriend.co.uk available at all times, but, of course, we cannot guarantee this. Please see further paragraph 4 of Section D, Promises, liability and disclaimer regarding the availability of Fundafriend.co.uk.
3.2 Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device.
4. Account registration
4.1 You can sign up and create your account on the Sign Up Now page.
4.2 You must make sure that all the information you provide when you register with Fundafriend.co.uk is true, accurate and current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account.
4.4 Your account is for your personal use only. To help us maintain the security of Fundafriend.co.uk, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Fundafriend.co.uk as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to Fundafriend.co.uk and/or to any content made available on Fundafriend.co.uk.
4.6 You can request deletion of your account at any time as long as you do not have any active Campaigns or any outstanding Givebacks relating to unexpired Campaigns you have backed. Please email us to request deletion of your account.
4.7 We reserve the right to delete your account. Any personal data or other information associated with your use of Fundafriend.co.uk will be held securely and in accordance with the UK Data Protection Act 1998.
B. Creating campaigns, offering givebacks and making donations.
This section sets out the terms that apply to the projects that your create and the rewards you offer or the pledges or other contributions you make in support of projects.
1. Our role
1.1 What we do
1.1.1 We provide an ‘online meeting place’ and platform through which Registered Users can raise finance for their community-focused Campaigns and offer Givebacks or make Donations for Campaigns and receive Givebacks. By doing so and providing tips and other guidance we facilitate agreement between Campaign Owners and Donors for Campaigns and Givebacks on terms agreed between them, subject to the ‘ground rules’ that we put in place to act as safeguards for the benefit of all Registered Users
1.1.2 Although we may from time to time agree to promote and advertise certain Campaign or help to raise awareness of their Campaign Goals, we will not be involved in the management of or use of Donations in relation to a Campaign nor will we directly offer or fulfil Givebacks ourselves.
1.2 What we don’t do
1.2.1 Other than as mentioned above, we do not have any involvement in any arrangements Registered Users make with each other through Fundafriend.co.uk. We therefore do not accept any responsibility for the nature or quality of a Campaign or any Givebacks or returns, nor do we promise that any Registered User, whether Campaign Owner or Donor, will do as they promise. The arrangements you make are solely private and the contracts relating to Campaigns, Givebacks and Donations are made directly between the individual parties concerned. Accordingly, when using Fundafriend.co.uk, you take full responsibility for your arrangements with other Registered Users whom you contact and the nature, terms and extent of your arrangements with them and obligations to them.
1.2.2 We do not verify the identity of anyone who becomes a Registered User nor the information they provide about their Campaign, the Givebacks offered or themselves. We cannot therefore give any guarantee that any of the Registered Users are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Registered Users or their Campaigns.
2. Campaign owners
2.1 Creating and updating Campaigns
2.1.1 Once you have registered as a Registered User, you can create and post details of your Campaign to a publically accessible webpage on Fundafriend.co.uk (“Campaign Profile Page”) using the functionality we provide.
2.1.2 We have specific rules regarding the types of Campaigns that you can post on Fundafriend.co.uk. Please see our Campaign and Giveback Guidelines which contain these rules and form part of our Terms.
2.1.3 You may not raise funds via another online crowdfunding or similar platform (whether website or App) during the Funding Period of your Campaign and all Donations from Registered Users must be made through Fundafriend.co.uk. Otherwise, unless we specifically agree otherwise in writing, you are not obliged to raise funds for your Campaign exclusively via Fundafriend.co.uk which means you are free to raise funds using other means and channels and source of finance.
2.1.4 Although we recommend you have no more than one active Campaign at any one time, we permit you to post as many active Campaigns as you like.
2.1.5 There is no limit on the Goal Amount you select for each Campaign. If you are a Business that is registered for VAT, please take this into account when calculating the Goal Amount for your Campaign.
2.1.6 For Campaigns the minimum Fundraising Period is 1 day and there is no upper limit to how long your Fundraising Period can be.
2.1.7 Your Campaign will go live upon you publishing it. Promoting your Campaign is solely your responsibility. We will not be liable to you in connection with the Campaign Goal, any Campaign, Rewards, performance and/or promotion and marketing of your Project, which remain solely your responsibility.
2.1.8 Once you have submitted your Campaign details for posting you can still change its Campaign Goal, the Funding Target and the Fundraising Period. You can change the Givebacks for your Project provided that you have not received any Pledges.
2.1.9 You may post content and other material (e.g. promotional material such as a video containing your Campaign) and post Project updates to keep Backers updated on the performance of your Campaign. Please see further paragraph 1 of Section C, About the content you and others provide to Fundafriend.co.uk, for the rules relating to the content you post on Fundafriend.co.uk.
2.1.10 You may withdraw a Campaign at any point before the end of the Fundraising Period. Once you have done so, you will be entitled to any Donations when you withdraw.
2.1.11 We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. In particular, Campaigns or Donations that are flagged to us as fraudulent by Backers or our third party payment providers will be subject to review. If we find fraudulent Donations have been made to your Campaign, we will cancel those Donations and the details of the associated Donor from your Campaign Profile Page. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 2.1.11. We reserve the right to pass on the cost of chargebacks to you.
2.1.12 If your Campaign closes unsuccessfully you may choose to recreate your Campaign and repost it for submission.
2.2 Offering Givebacks
2.2.1 We have specific rules regarding the types of Givebacks that you can offer to Donors on Fundafriend.co.uk. Please see our Projects and Rewards Guidelines which contain these rules and form part of our Terms.
2.2.2 The minimum Donation amount is £1.00.
2.2.3 You can choose whether or not to limit the number of Givebacks you offer for each Donation amount.
2.2.4 You must have all the permissions, consents and licences that are necessary to offer all Givebacks relating your Campaign before you offer them on your Campaign Profile Page.
2.3 Fees payable by Campaign Owners and receiving funds
2.3.1 There is no charge for creating a Campaign and publishing details of the Campaign on Fundafriend.co.uk.
2.3.2 If your Campaign receives any Donations, reaches or exceeds your Funding Target the following fees will be deducted from the Total Donations received for your Campaign before they are distributed to you:
Any Campaign added is subject to a 5% fee on all donations.
Any donations made are subject to a 2.9% transaction fee plus a fee of £0.30 per transaction.
2.3.3 The Donations a Campaign has received at the end of the Fundraising Period, the amounts due to Project Owners, calculated in accordance with paragraph 2 of this Section B, will be transferred to Project Owners as follows:
(a) in respect of Donations paid by Donors using Fundafriend Payments, within approximately 7 working days to the bank account specified by the Project Owner. These pledges will always be paid out in GBP.
2.3.4 Please note that the above timescales are estimates only and there may be a delay between the end of the Fundraising Period for a successful Campaign and your access to any funds.
2.4.1 Donors may fail to fulfil payment of Donations and you acknowledge that their payment of Donations is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaign Owner for their failure to receive any funds Donated by Donors in relation to their Campaign(s) via Fundafriend.co.uk.
2.4.2 In the event we are unable to verify any information to our satisfaction, we may delay, withhold, cancel or refund any Donations or other amounts without giving any notice to you and do so without incurring any liability to you.
2.4.3 Campaign Owners may contact Fundafriend.co.uk to cancel any Donation for any reason and at any time before the Fundraising Period ends and shall not be required to fulfil any related Givebacks if they do so.
2.4.4 Under our payment scheme, any Donations made by Donors for the Campaign will be processed and given to you the Campaign Owner. Irrespective of your Campaign reaching its Fundraising Target by the end of the Fundraising Period.
2.5 Campaign Owners’ Obligations
2.5.1 As a Campaign Owner, you shall:
(a) apply any funds you receive from Donors solely and directly for the purposes of achieving the Campaign Goals and use them for no other purposes;
(b) meet all commitments you make in your Campaign including, but not limited to, delivering all Givebacks you offer to Donors;
(c) use all reasonable endeavours to fulfil each Giveback by the estimated fulfilment or delivery date (as applicable) specified by you on the applicable Campaign Profile Page.
(d) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Donor;
(f) promptly contact and work with Donors to reach a mutually satisfactory resolution, which may include refunding their Donations if you are unable to fulfil any of your commitments (including providing any Givebacks);
(g) comply with all applicable laws and regulations in relation to your Campaign, your use of Donations and offer of and fulfilment of Givebacks;
(h) be responsible for paying all fees and collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of Fundafriend.co.uk, the Donations you receive and the Givebacks you offer; and
(i) not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on Fundafriend.co.uk or on having any funds from Donations until you have the received clear funds into your bank account.
3.1 Types of contribution
3.1.1 Backers can contribute to a Project by making a financial Donation through the Fundafriend.co.uk website.
3.1.2 You acknowledge that your contribution does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
3.2 Making a Donation.
3.2.1 Once you have registered as a Registered User, you can make a Donation by visiting the Campaign Profile Page of a Project, selecting the amount you wish to contribute and the Giveback you would like to receive then selecting your payment method and submitting payment.
3.2.2 Your username will be made publicly available in connection with each Campaign for which you make a Donation under the ‘Donors’ tab of the Campaign Profile Page unless you choose to make a Donation anonymously.
3.3.1 If you wish you may make a Donation and elect not to receive a Giveback.
3.3.2 Once you have made a Donation, you cannot change your selected Giveback without cancelling your Donation.
3.4 Payment methods
3.4.2 When you Donate to a Campaign your Donation will be taken immediately and released (less our fees) to the Campaign owner at the project close date.
3.5 Fees payable by Donors
3.5.1 If you choose to pay a Donation through Fundafriend.co.uk, then no processing fees are payable in addition to your Donation amount.
3.6 Cancelling a Donation and Refunds
3.6.1 You are unable to cancel a Donation once made. This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens' Advice Bureau or Trading Standards office. Please see further paragraph 4.1 of this Section B, The contract between Project Owners and Backers.
3.7 Donors’ Obligations
3.7.1 As a Donor, you shall:
(a) promptly respond to a Campaign Owner following a request for information reasonably required by the Campaign Owner to fulfil a Giveback that you have chosen at the time you made your Donation;
(b) comply with the terms and conditions for the payment processing services provided by our third party payment providers (please see paragraph 3.4 in this Section B, Payment Methods, for further details regarding those providers and the applicable terms and conditions); and
(d) ensure that any funds used to make Donations will not result in a breach of applicable law.
4. Other important terms
4.1 The contract between Campaign Owners and Donors
4.1.1 The contract relating to the provision of funds from Donations and the fulfilment of Givebacks is made solely between a Campaign Owner and Donors, subject always to these Terms. By making a Donation, a Donor is making an offer to enter into a contract with the applicable Campaign Owner.
4.1.2 The following steps have to take place before a contract is made between the Donor and the Campaign Owner:
(a) after signing into their account the Donor makes a Donation by submitting their payment details for processing and clicking “Place Donation”. Before making their Donation, the Donor will have the opportunity to review the Donation amount and any related Giveback and, if necessary, to amend these details; and
(b) the Donor will see an on-screen acknowledgement of their Donation and receive an email confirming details of the Donation made, to the email address provided by the Donor.
4.1.3 The Campaign Owner accepts the Donor's offer and a binding contract is made between them. Accordingly, nothing that we or the Campaign Owner says or does will amount to any acceptance of a Donor’s offer until this occurs.
4.2 Interest on Donations
4.2.1 Any interest on Donations or other funds held by us shall accrue to our benefit and neither Campaign Owners nor Donors shall be entitled to such interest in relation to distributed funds or refunded Donations.
4.3 Publication and sharing of personal information relating to Donors with Campaign Owners
4.3.2 For some Givebacks, a Campaign Owner may need further information from Donors, (e.g. clothing sizes), to enable the Campaign Creator to deliver certain Givebacks. The Campaign Owner shall request such information directly from a Donor after the end of the Fundraising Period for the relevant Campaign.
C. Terms that apply to all community users
1. About the content you and other users provide to Fundafriend.co.uk
1.1 The rules of the Fundafriend.co.uk community
1.1.1 The following rules apply to your use of the community features contained on Fundafriend.co.uk:
(a) Any content which you and other users post or contribute to Fundafriend.co.uk using its community features (including content you upload to your Campaign Profile Page, comments you make on Campaign Profile Pages and Project updates) is generally known as “user generated content” or “UGC” for short. Paragraphs 1.1.2 to 1.2.1 below in this Section C set out the rules for contributing content, how we and other users may use your UGC and how you can use their UGC.
(b) Obviously we positively encourage Registered Users to make full use of Fundafriend.co.uk and in particular to participate in the Fundafriend.co.uk community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:
1.1.2 You agree to ensure that:
(a) you only contribute UGC to Fundafriend.co.uk if you know that you have the necessary rights to do so. By contributing UGC to Fundafriend.co.uk, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Fundafriend.co.uk in accordance with these Terms and permit its use via Fundafriend.co.uk and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to Fundafriend.co.uk.
(b) all information provided by you via Fundafriend.co.uk or which you provide to other Registered Users or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
(d) you will use Fundafriend.co.uk and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via Fundafriend.co.uk or disclose or use any contact information that they may provide to you without their consent;
(f) you will cease to contact anyone that you have contacted via Fundafriend.co.uk immediately if they request you to do so; and
(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Fundafriend.co.uk and to permit use of such content and image by any third parties we may authorise under these Terms.
1.1.3 You may not:
(a) distribute or post spam, in particular by sending unsolicited marketing messages to other Registered Users, or distribute or post chain letters, unsolicited loans (Fundafriend.co.uk strongly recommends that you do not make contact with members offering you unsolicited loans. Fundafriend.co.uk cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;
(b) distribute viruses or any other technologies that may harm Fundafriend.co.uk or the interests of users of Fundafriend.co.uk or Registered Users or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
(e) except as permitted under these Terms, copy, modify, or distribute our content or trade marks from Fundafriend.co.uk or Registered Users’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission;
(f) harvest or otherwise collect or use information about Registered Users without their explicit consent;
(g) impersonate another Registered User or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Registered Users;
(i) continue to use Fundafriend.co.uk if your access to Fundafriend.co.uk has been suspended or your account terminated;
(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying Fundafriend.co.uk, or which, in our judgment, exposes us to any liability or detriment of any type; or
(k) upload, post or publish to the Site or otherwise provide to us any personal information about children (i.e. individuals under 18) or personal data that is ‘sensitive data’ from a legal perspective or that relates to criminal convictions or offences.
1.1.4 Please note that any posting of information on or via Fundafriend.co.uk is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UGC and how they can use it
1.2.1 When you contribute UGC to Fundafriend.co.uk:
(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;
· make all or any part of your UGC available through Fundafriend.co.uk to other users of Fundafriend.co.uk;
· include certain UGC in our newsletters;
· allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
· allow third parties to link to pages on Fundafriend.co.uk which contain your UGC.
(b) you are granting to every other user of Fundafriend.co.uk unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph 1 of Section D below, Our content.
1.3 Monitoring your UGC
1.3.1 We are not involved in any arrangements made between users. Any postings on Fundafriend.co.uk and the uploading of any photos, pictures, videos, animations or other audio-visual material to Fundafriend.co.uk by Registered Users does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact Fundafriend.co.uk if you have any concerns about the content of any information seen on the website.
1.3.2 Please note that any information posted via the functionality available on Fundafriend.co.uk is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all users to contact us in respect of any suspicion of misuse.
2. Exchanging personal information with other users
2.1 Disclosing personal information
2.1.1 Please be careful when using Fundafriend.co.uk and any community facilities that you do not reveal any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
2.2.1 If you wish to make a complaint about any issue regarding personal information please send an email to us. For more information on how we handle complaints, please see section 7 below.
3. Misuse of the site
3.1 We may (but are not obliged to) monitor the use of the community facilities from time to time however we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Fundafriend.co.uk please contact us.
3.2 We reserve the right (but we are not obliged) to do any or all of the following:
· record the content (including any communications), the Fundafriend.co.uk community or in our communication systems;
· investigate a claim that any one or more items of content do not comply with the community rules set out under paragraph 1 of this Section C, About content you and others provide to Fundafriend.co.uk, and determine in our sole discretion to remove or request the removal of the content;
· remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
· terminate a user's access to post content;
· monitor, edit, or disclose any content;
· edit or remove any content posted on Fundafriend.co.uk, regardless of whether such content breaches these Terms;
· suspend or terminate your access to Fundafriend.co.uk.
3.3 If you disagree with a decision made by us, you should email your appeal to us. You must not use the community facilities to dispute or argue about any decision we make.
3.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.
4. Disputes between Registered Users
4.1 We are under no obligation to become involved in disputes between any Registered Users, or between Users and any third party arising in connection with the use of Fundafriend.co.uk. This includes, but is not limited to, the fulfilment of Givebacks or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns on the Fundafriend.co.uk. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.
4.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Registered User.
D. General provisions
This section sets out the terms that apply to everyone who uses Fundafriend.co.uk.
1. Our content
1.1 All of the content on Fundafriend.co.uk is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
1.2 Our content includes any information or other material found on or via Fundafriend.co.uk, including without limitation text, databases, graphics, videos, software and all other features found on or via Fundafriend.co.uk.
1.3 We make Fundafriend.co.uk, our content and any UGC available through Fundafriend.co.uk for your personal, non-commercial use only (please see paragraph 1 of Section C, About the content you and others provide to Fundafriend.co.uk for further details about the UGC that we make available through Fundafriend.co.uk). You may view Fundafriend.co.uk’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on Fundafriend.co.uk without our prior written consent.
1.4 To be clear, you are not in any circumstances permitted to:
1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable);
1.4.2 edit any such content; or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The trade marks, logos and brands appearing on Fundafriend.co.uk are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
2. Third-party software
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on Fundafriend.co.uk. This software will be clearly identified on Fundafriend.co.uk.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
3.1 You acknowledge that Fundafriend.co.uk may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.5 You may only link to Fundafriend.co.uk provided that:
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
3.5.3 We reserve the right to withdraw linking permission to any time without prior notice.
4.1 We promise that we will operate Fundafriend.co.uk with reasonable skill and care. Otherwise, the content and services available on Fundafriend.co.uk are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 4.1 and paragraph 4.3 of this Section D, we disclaim any and all promises, warranties, conditions, or representations relating to Fundafriend.co.uk and its content, whether express, implied, oral or written. In particular:
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on Fundafriend.co.uk and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto Fundafriend.co.uk.
4.1.3 Any posting of comments or information on Fundafriend.co.uk is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the Fundafriend Payments and PayPal online payment processing services.
4.1.5 You agree that your access and use of Fundafriend.co.uk and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on Fundafriend.co.uk is used. The content and information that we make available on Fundafriend.co.uk is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on Fundafriend.co.uk or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on Fundafriend.co.uk.
4.1.6 By using Fundafriend.co.uk you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of Fundafriend.co.uk, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
a) We do not make any promises about the availability or accessibility of Fundafriend.co.uk or promise that your access to Fundafriend.co.uk, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on Fundafriend.co.uk. It is your responsibility to make backup copies of any of the content you post, upload or publish on Fundafriend.co.uk and we strongly recommend that you do so;
c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, Fundafriend.co.uk or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of Fundafriend.co.uk is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
d) Whilst we hope that you will find the websites linked to on Fundafriend.co.uk of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 If you are dealing with us and Campaign Owners as a Registered User, you have certain rights, including in relation to the Givebacks that you receive from Campaign Owners. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 9.3 of this Section D).
4.5 Subject to paragraph 4.3:
4.5.1 IF YOU ARE A REGISTERED USER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
4.5.2 IF YOU ARE A CAMPAIGN OWNER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
(a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR
(b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND
(c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE PROJECT TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF £100.
5.1 You agree only to use Fundafriend.co.uk in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to Fundafriend.co.uk or any actions you take which disrupt access to and/or the functioning of Fundafriend.co.uk) or any liability we incur as a result of the use of Fundafriend.co.uk by you and any other person that uses your account with your permission or as a result of your negligence.
6. Copyright complaints
6.1 We respect the intellectual property rights of others, and we prohibit users of Fundafriend.co.uk from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 11 of this Section D.
6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Registered Users we determine to be repeat infringers of others’ copyrights. Please see paragraph 3.2 of Section C for further details.
6.4 Content hosted on third-party websites accessible from Fundafriend.co.uk is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
7. General complaints and requests for further information
7.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
7.2 If you have any general complaints or wish to request further information about Fundafriend.co.uk, please contact us via email or by post to the address set out under paragraph 11 of this Section D, Contact us, and we will do our best to resolve these.
Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 8 weeks of the complaint being received. As rewards based crowdfunding and the sale of community shares do not come within the jurisdiction of the Financial Ombudsman Service, you will not be able to refer your complaint to this body.
8. Written communications
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Fundafriend.co.uk, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Fundafriend.co.uk. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
9.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
9.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.7 Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9 Territory. Fundafriend.co.uk is controlled and operated from the United Kingdom. If you choose to access Fundafriend.co.uk from outside the United Kingdom, we make no representation that the content and operation of Fundafriend.co.uk will comply with local laws.
9.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 9.11 of this Section D, have exclusive jurisdiction to deal with such dispute.
9.11 Nothing in paragraph 9.10 of this Section D shall deprive Registered Users of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
10. Changes to these Terms and to Fundafriend.co.uk
10.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on Fundafriend.co.uk. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on Fundafriend.co.uk, whichever is the earlier. If you continue to use Fundafriend.co.uk after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using Fundafriend.co.uk.
10.2 We reserve the right to change, suspend or discontinue the Fundafriend.co.uk website and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of Fundafriend.co.uk without notice to you and without incurring any liability.
11. Contact us
11.1 You can write to GASP Productions at, GASP Productions, P.O. Box 7850, Bournemouth, Dorset, BH1 9YQ or contact us via email here.
If you have any queries about our terms and conditions don't hesitate to get in touch.
Welcome to GASP Productions. This policy explains how we handle and use your personal information and your rights in relation to that information. Under data protection law, GASP Productions is the controller of that information and responsible for its use and protection. As we operate a platform that allows our members to run fundraising projects and reach out to others for funding, those members may also be separately legally responsible for the use of your information in connection with those projects.
GASP Productions (we, our or us) is committed to protecting and respecting your privacy.
This policy describes the way we handle and use the personal information that we obtain from all the different interactions you may have with us as a business, including when you visit our offices, social media pages or website currently located at www.fundafriend.co.uk (Site) or when you contact us or take part in any of our competitions or promotions.
We, GASP Productions, are the controller in relation to the processing activities described below. This means that we decide why and how your personal information is processed. Please see the section at the end of this policy for our contact and legal information.
Our members run fundraising campaigns from our Site and in doing so may collect personal information from you if you donate funds to their campaigns. Their use of that information during and after their campaign (e.g. to keep in contact with you about progress of their project and their achievements) are uses of your information for which those members determine, independently of us. As a result, those members will be separate controllers of your personal information.
We refer to ‘campaign owners’, ‘donors’ and ‘donations’ throughout this document. For more information regarding these, please see our Terms.
This policy was last updated on the date that appears at the top of this page.
2. How and when we collect personal information about you
We receive personal information about you that you give to us, that we collect from your use of our Site and social media pages and that we obtain from other sources. We only collect personal information which we need and that is relevant for the purposes for which we intend to use it.
Personal information that you give to us
This is personal information about you that you give to us when:
- submitting personal information via our Site
- following us, interacting with us and posting on our social media pages including our Facebook and Twitter pages.
- participating in surveys for research purposes
- you visit our offices
- we interact with you at events
- corresponding with us by phone, email or in another way.
This information is provided by you entirely voluntarily.
This includes information provided on the Site at the time of registering as a user, posting details of campaigns, using any of the communication tools we provide for our users, donating funds to a campaign on the Site or cancelling a donation and when generally using our Site. For example you may give us your personal information by filling in forms, uploading profile information and other content to the Site, managing your account online, engaging in correspondence with us by phone, email or otherwise and meeting with us at events (e.g. you may provide us with your business card). We may also ask you for information and copies of identity documents when you wish to apply for partner funding, when you report a problem with our Site or when you exercise you legal rights.
If we do not receive this information, you may be unable to register with the Site, list or raise funds, donate funds to campaigns, communicate with other site users or communicate with us effectively or allow us to comply with our own obligations. Information that we collect about you, we may automatically collect the following information:
Information that we collect about you
We may automatically collect the following information:
- details of your visits to our site, including, but not limited to traffic data, location data, weblogs and other communication data, and the resources you access;
- technical information, including anonymous data collected by the hosting server for statistical purposes, the Internet protocol (IP) address used to connect your computer or device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
- details regarding when and how you consented to receive marketing communications from us (including the time and date you provided your consent).
We may also view any personal information which you allow to be shared, such as the information you upload to the Site (such as your Fundafriend profile), and information you share on third party social networks.
When you visit our social media pages we collect:
- the information you post on those pages;
- information regarding your interactions with the content we post; and
- statistical information regarding all our followers’ activities (but from which we cannot identify you as we only have access to this information in aggregated form).
Please note we do not knowingly collect personal information about children or personal data that is ‘sensitive data’ from a legal perspective or that relates to criminal convictions or offences. We may invite you to complete an optional survey in which we collect age, ethnicity and disability information at the time you create a project. However, we collect and process this information in such a way that it cannot be linked to you and which we therefore receive as anonymous data (and not personal information). This anonymous data may be shared with our funding partners who will not link or attempt to link the data to you. Except in relation to those surveys, please do not provide any sensitive data or information about children to us whether directly or by posting it to the Site. If we receive this type of information in a way that is not anonymous, we will promptly delete it. To find out more about sensitive data please see the ICO website.
3. Use of your personal information
We use your personal information for a variety of reasons. We rely on different legal grounds to process your personal information, depending on the purposes of our use and the risks to your privacy. You will only receive unsolicited marketing communications from us if you have consented and can opt-out of receiving them at any time. We do not share your personal information with companies that would send their marketing to you.
We use your personal information in the following ways:
3.1 Where you have provided CONSENT
We may use and process your personal information for the following purposes where you have consented for us to do so:
- to contact you via email with marketing information about our projects, funding opportunities and business;
You may withdraw your consent for us to use your information in any of these ways at any time.
3.2 Where necessary for us to carry out PRE-CONTRACT STEPS you have requested or for the performance of our CONTRACT
We will use your personal information where this is necessary for us to perform our contract with you or to carry out any pre-contract steps you’ve asked us to so that you can enter into that contract, for the following purposes:
- to register and set you up as a user on our Site;
- to publish details of your donations (unless you choose to donate anonymously), your campaigns and the givebacks you wish to offer;
- to process your donations and share your details with our payment processors so that payments can be made from you;
- to share your personal information with our funding partners to obtain funding for your campaigns;
- to run our competitions and promotions that you enter from time to time and to distribute prizes.
3.3 Where necessary to comply with our LEGAL OBLIGATIONS
We will use your personal information to comply with our legal obligations:
- to keep a record relating to the exercise of any of your rights relating to our processing of your personal information;
- to perform anti-money laundering and related checks where the law requires these;
- to anonymise, pseudonymise and destroy your personal information in accordance with our retention policies and data protection law;
- to handle and resolve any complaints we receive relating to the services we provide.
3.4 Where necessary for us to pursue a LEGITIMATE INTEREST
We may use and process your personal information where it is necessary for us to pursue our legitimate interests as a business for the following purposes:
Processing necessary for us to promote our business, brand and activities and measure the reach and effectiveness of our campaigns
- for analysis and insight conducted to inform our marketing strategies, and to enhance and your visitor experience;
- to tailor and personalise our marketing communications based on your attributes;
- to supply your details to social media and other online platforms operated by other companies for them to contact you with our targeted advertising online, unless you object. You may receive advertising based on information about you that we have provided to the platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it has received from us. To find out more, please refer to the information provided in the help pages of the platforms on which you receive advertising from us;
- to identify and record when you have donated, opened or engaged with our website or electronic communications.
Processing necessary for us to support our registered users with their enquiries
- to respond to correspondence you send to us and fulfil the requests you make to us.
Processing necessary for us to respond to changing market conditions and the needs of our guests and visitors
- to analyse, evaluate and improve our Site and other services so that your visit and use of our Site, fundraising support and other services and social media pages, are more useful and enjoyable (we will generally use data amalgamated from many people so that it does not identify you personally);
- to undertake market analysis and research (including contacting you with surveys) so that we can better understand you as a guest;
- for the purposes of developing new initiatives and features on our Site (for example new types of fundraising options or support.
Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively
- to administer our Site and our social media pages and for internal operations, including troubleshooting, testing, statistical purposes;
- for the prevention of fraud and other criminal activities;
- to verify the accuracy of data that we hold about you and create a better understanding of you as an account holder or visitor;
- for network and information security in order for us to take steps to protect your information against loss or damage, theft or unauthorised access, including to archive, destroy, pseudonymise or anonymise your personal information;
- to comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request);
- for the purposes of corporate restructure or reorganisation or sale of our business or assets;
- for efficiency, accuracy or other improvements of our databases and systems, for example, by combining systems or consolidating records we hold about you;
- to enforce or protect our contractual or other legal rights or to bring or defend legal proceedings;
- to inform you of updates to our terms and conditions and policies; and
- for other general administration including managing your queries, complaints, or claims, and to send service messages to you.
Marketing communications: If you give your consent, we may use your personal information to contact you by email to send you newsletters or to notify you with details of projects, services and competitions. We try to adapt any marketing material that we send to you, for example by notifying you of projects that apply to your interests and in your location. If you do not wish to receive email communications from us, please inform us by using the unsubscribe link inside the email messages we send, by using our comments form or, if you have a registered account on our Site, by changing your Profile settings from within your account.
We provide tools that allow project owners to send backers news and updates on their campaigns. However, we do not permit campaign owners to send fundraising requests or any other type of marketing communications using these tools. Campaign owners can access contact details for the backers relating to their projects. Any communications they send using these details will be sent solely based on their decisions and for which they will be acting as the controller of your personal information. Please see for the Introduction to this policy above.
If you opt-out of receiving marketing communications from us, we keep your email address on our suppression list for a defined period to ensure that we comply with your wishes.
4. Disclosure and sharing of your personal information by us
We only disclose and share your personal information outside our business in limited circumstances. If we do, we will put in place a contract that requires recipients to protect your personal information, unless we are legally required to share that information. Any contractors or recipients that work for us will be obliged to follow our instructions. We do not sell your personal information to third parties.
We may disclose your information to the following:
- our funding partners with whom we work to make further sources of funding available to project owners. Our partners include private sector organisations such as banks, retailers, media companies and also organisations in the public sector such as local councils. We also administer and promote competitions with some of our partners from time to time. When we do so we and the relevant partner may make joint decisions regarding how we use your personal information in connection with those competitions and will provide a further notice to you explaining the relationship between us;
- campaign owners for them to contact you in connection with their project and backers to allow them to identify the campaign owners responsible for the campaigns to which they donate, in each case in accordance with our Terms.
We may disclose the personal information to other third parties as follows:
- any third party who is restructuring, selling or acquiring some or all of our business or assets or otherwise in the event of a merger, re-organisation or similar event; and
- if we are under a duty to disclose or share your information in order to comply with any legal or regulatory obligation or request, including by the police, courts, tribunals or regulators.
5. Transfers of your personal information outside of Europe
Except in a limited number of cases, we do not transfer your personal information outside of Europe. Where we do, we take measures to protect your personal information.
All the personal information collected about you by us or on our behalf may be transferred to countries outside the European Economic Area (EEA). By way of example, this may happen where any of our group companies are located in a country outside of the EEA or if any of our servers or those of our third party service providers are from time to time located in a country outside of the EEA. These countries may not have similar data protection laws to the UK and so they may not protect the use of your personal information to the same extent.
If we transfer your information outside of the EEA in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this policy. These steps include imposing contractual obligations on the recipients of your personal information or ensuring that the recipients are subscribed to ‘international frameworks’ that aim to ensure adequate protection. For example, those of our third party service providers who receive your personal information in the USA may subscribe to the “EU-US Privacy Shield” framework. Where they do not, we ensure that we impose contractual obligations on them that are broadly equivalent as required by UK data protection law. Please contact us using the details at the end of this policy for more information about the protections that we put in place and to obtain a copy of the relevant documents.
If you use our services whilst you are outside the EEA, your information may be transferred outside the EEA in order to provide you with those services.
6. Security and links to other websites
We take the security of your personal information seriously and use a variety of measures based on good industry practice to keep it secure. Nonetheless, transmissions over the internet and to our Site may not be completely secure, so please exercise caution. When accessing links to other websites, their privacy policies, not ours, will apply to your personal information.
We employ security measures to protect the personal information you provide to us, to prevent access by unauthorised persons and unlawful processing, accidental loss, destruction and damage. When we have provided (or you have chosen) a password or pin allowing you access to certain parts of the Site, you are responsible for safeguarding it and keeping it confidential and you promise not to allow it to be used by third parties. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do everything possible to protect your personal information, we cannot guarantee the security of any personal information during its transmission to us online. You accept the inherent security implications of using the internet and will not hold us responsible for any breach of security unless we are at fault.
In addition, if you linked to our Site from a third party website, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party website and recommend that you check the policy of that third party website.
7. The periods for which we retain your personal information
We will not hold your personal information in an identifiable format for any longer than is necessary for the purposes for which we collected it. For certain purposes we retain your personal information for a very short period whilst for others we retain it for a period of 7 years after the information is no longer required for business reasons so that we can deal with any legal proceedings that could arise.
The only exceptions to us retaining your information are where:
- you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law
- you exercise your right to require us to retain your personal information for a period longer than our stated retention period
- we bring or defend a legal claim or other proceedings during the period we retain your personal information, in which case we will retain your personal information until those proceedings have concluded and no further appeals are possible;
- we archive the information, in which case we will delete it in accordance with our deletion cycle; or
- in limited cases, existing or future law or a court or regulator requires us to keep your personal information for a longer or shorter period.
8. Your rights in relation to your personal information
You have a number of rights in relation to your personal information under data protection law. In relation to certain rights, we may ask you for information to verify your identity and, where applicable, to help us to search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received this information or, where no such information is required, after we have received full details of your request.You have the following rights, some of which may only apply in certain circumstances:
8.1. To be informed about the processing of your personal information (this is what this policy sets out to do);
8.2. To have your personal information corrected if it is inaccurate and to have incomplete personal information completed;
The accuracy of your information is important to us and we make it easy for you to review and correct the personal information that we hold about you in your Profile. If you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, you can let us know by contacting us in any of the details described at the end of this policy but we ask you to first check that you cannot correct your details using the tools in your Profile.
When downloading a list of backers on their project, project owners will see the address details of those registered users who donated on their campaign. Please note that if you change your address after the project owner has downloaded this data (this usually happens once their project is successful) the details the campaign owner may become out of date, until the project owner downloads a new list of data - so we would recommend also contacting the campaign owner to inform them of a change to your contact details.
8.3. To object to processing of your personal information;
Where we rely on our legitimate interests as the legal basis for processing your personal information for particular purposes, you may object to us using your personal information for these purposes by emailing or writing to us at the address at the end of this policy. Except for the purposes for which we are sure we can continue to process your personal information, we will temporarily stop processing your personal information in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection laws, we will permanently stop using your data for those purposes. Otherwise we will provide you with our justification as to why we need to continue using your data.
You may object to us using your personal information for direct marketing purposes and we will automatically comply with your request. If you would like to do so, please use our unsubscribe tool.
8.4. To withdraw your consent to processing your personal information;
Where we rely on your consent as the legal basis for processing your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this policy. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, you can also do so using our unsubscribe tool.
You can also opt out of receiving our newsletter at any time by editing your Profile settings (login, click your name at the top right of the website then choose Profile settings).
You can choose to receive or opt-out of future marketing from Campaigns you have donated to.
The campaign owner will be responsible for handling your information after they receive it from us. The campaign owner, when downloading a list of backers on their campaign will see who has elected to receive further updates.
You can also choose to receive or opt-out of updates from Campaigns you have pledged on.
Please note that our standard receipt emails and notifications or a Campaign closing successfully or unsuccessfully contain important financial information regarding your donation and so cannot be turned off.
If you withdraw your consent, our use of your personal information before you withdraw is still lawful.
8.5. To restrict processing of your personal information;
You may ask us to restrict the processing your personal information in the following situations:where you believe it is unlawful for us to do so,you have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings.
In these situations, we may only process your personal information whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.
8.6. To have your personal information erased;
In certain circumstances, you may ask for your personal information to be removed from our systems by emailing or writing to us at the address at the end of this policy. Unless there is a reason that the law allows us to use your personal information for longer, we will make reasonable efforts to comply with your request.
8.7. To request access to your personal information and information about how we process it;
You have the right to ask for a copy of the information that we hold about you by submitting a GDPR request using the link at the bottom of the website. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
Remember, you can access a lot of your personal information through your account.
- You can see a record of the campaigns you have created and run - see the My campaigns section.
- You can also review and edit the personal information you have provided to Fundafriend.co.uk via your Profile settings.
If you wish to make a Subject access request please first check you cannot get the data from the areas listed above. If you wish to access data not listed there please be specific in your request and contact us via email. We will then, in adherence with the ICO guidelines , respond to your request.
8.8. To electronically move, copy or transfer your personal information in a standard, machine-readable form;
Where we rely on your consent as the legal basis for processing your personal information or need to process it in connection with a contract in place directly with you, you may ask us to provide you with a copy of that information in a structured data file. We will provide this to you electronically in a structured, commonly used and machine readable form, such as a CSV file.
You can ask us to send your personal information directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
8.9. Rights relating to automated decision making, including profiling.
We do not envisage that any decisions that have a legal or significant effect on you will be taken about you using purely automated means, however we will update this policy and inform you if this position changes.
You have the right to lodge a complaint with a data protection regulator in Europe, in particular in a country you work or live or where your legal rights have been infringed. The contact details for the Information Commissioner’s Office (ICO), the data protection regulator in the UK, are available on the ICO website, where your personal information has or is being used in a way that you believe does not comply with data, however, we encourage you to contact us before making any complaint and we will seek to resolve any issues or concerns you may have.
Please check this page regularly for changes to this policy.
We may review this policy from time to time and any changes will be notified to you by posting an updated version on our Site and, where appropriate, by contacting you by email. Any changes will take effect 7 days after we post the modified terms on our Site or after the date we notify you by email. We recommend you regularly check this page for changes and review this policy each time you visit our Site.
10. Contact and legal information
You can contact us with your queries in relation to this policy or for any other reason using our webform or by post or email.
To contact us in relation to this policy, including to exercise any of your rights in relation to your personal information, please contact us by email
The address for writing to us is GASP Productions, P.O. Box 7850, Bournemouth, Dorset, BH1 9YQ.