Terms & privacy

Terms & Conditions and Privacy Policy

Please read carefully before using this website.

Last updated: November 22, 2020

SITE TERMS AND CONDITIONS

These terms and conditions set out the basis upon which you can visit our website and regulates how you can use our Site.

By using our website, you accept that you have read and understood and agree to comply with these terms and conditions, which include our Privacy and Cookie Policy which can be found in this document.

If you disagree with any part of these terms and conditions, please do not use our website nor make the Services it offers.

AGREEMENT

When you visit the Site or when you use our Service, the following Terms apply will and will, together, form the agreement between you and us.

They have 2 parts:

  • Definitions
  • General Terms

 PLEASE NOTE THAT DEVOTED IS A MARKET PLACE INTRODUCING CARERS TO THOSE WHO NEED CARE. 

WE DO NOT PROVIDE CARING SERVICES OURSELVES.

DEFINITIONS

The following words have the following meanings in all parts of these Terms, unless the context indicates otherwise:

We, Us, Ourmeans Devoted (trading name of Gemteq Limited) a company registered in England and Wales with Registration Number 09874339 and the registered address Devoted is a trading name of Gemteq Limited, 27 Old Gloucester Street, London, WC1N 3AX
Site, Websitemeans www.devoted.org
You, Yourmeans a visitor to the Site.
Contentmeans any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site.
IPmeans Intellectual Property and all rights associated with the use of that Intellectual Property.
Postmeans a Post to any forum or other area which accepts Post run through the Site
Termsmeans the terms and conditions contained herein.

 

 SITE TERMS

These Terms apply to anyone visiting the Site, whether you use our Services or not.

  1. YOU PROMISE US

You agree  that:

  • You are over the age of 18 years.
  • You will not pretend to be someone else when you use the Site.
  • If you link to another site through us, you will read their terms and conditions.
  • You will not use robots, spiders, scrapers or similar things on the Site.
  • You will not try to get around any things we put on the site to stop or limit access to parts of it.
  • You will not do anything that might cause our systems to crash.
  • You will not steal the site or any part of it for use in any other site or application.
  • You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any  of the systems we use.
  • You will not use our trademarks and/or designs and/or layout before asking us.
  1. INTELLECTUAL PROPERTY

2.1          We and our business partners own all of the IP on the Site. Neither the Site nor the Content may be be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.

2.2          All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.

  1. DISCLAIMERS

3.1         We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.

3.2         We are not able to guarantee that the Site will work with your device or will be secure.

3.3         Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy. We can never guarantee that any information we may provide is up to date. We suggest that, if any information we provide is important to you, that you verify it independently

3.4         Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.

3.5         If using our Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.

3.6         If you link to another site through this Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

  1. FORUMS AND POSTS

4.1         When using any forums, we may put up on the Site, or submitting a Review you agree to abide by the following rules:

  • You must not use obscene or vulgar language.
  • Nothing you submit can be unlawful or otherwise objectionable.
  • You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
  • Nothing you submit may be designed to promote violence.
  • All of your Posts must be in English.
  • You must not Post links to other sites which may break these rules.
  • You must not impersonate anyone else.
  • You may not Post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.

4.2         We have the absolute right to moderate all Posts on the Site and to remove any Post which we do not want.

4.3         When you submit a Post you are warranting that you are the author of that Post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.

4.4         Any Post you make to our Site will be considered non-confidential and non-proprietary.

4.5         We also have the right to disclose your identity to any third party who is claiming that any content Posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.6         When viewing Posts you accept that we are not the author and that any views expressed may not be our views.

4.7         If you see a Post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.

4.8         We do not keep any passwords and it is your responsibility to keep your password secure and to remember it. 

  1. USING THE SITE

5.1          You may use our Site only for lawful purposes.  You may not use our site:

5.1.1                     In any way that breaches any applicable local, national or international law or regulation.

5.1.2                     In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

5.1.3                     For the purpose of harming or attempting to harm minors in any way.

5.1.4                     To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards contained in these Terms or which we publish from time to time.

5.1.5                     To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

5.1.6                     To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2          You also agree:

5.2.1                     Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms

5.2.2                     Not to access without authority, interfere with, damage or disrupt: (i) any part of our site; (ii) any equipment or network on which our site is stored; (iii) any software used in the provision of our site; or (iv) any equipment or network or software owned or used by any third party.

  1. AVAILABILITY OF THE SITE

6.1         We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.

6.2         We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.

  1. LIMITATION OF LIABILITY

7.1         As far as we are allowed by law we deny liability for any losses of all kind which you incur from visiting the Site. You use the Site at your own risk.

7.2         We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site.

7.3          We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

7.4          We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

7.5         Nothing in these Terms excludes or restricts our liability for death or personal injury, resulting from any negligence, or fraud, on our part.

  1. LINKS TO OTHER WEBSITES

8.1          We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.

8.2          We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.

8.3          A link to another site does not mean that we endorse or recommend that site.

8.4          We can never guarantee that a link that we offer will work or will be free from viruses distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.

  1. Events Outside of Our Control (Force Majeure)

9.1         We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.

9.2         Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

9.3          If this happens:

We will tell you as soon as we reasonably can;

We will do all that we, reasonably, can to minimise the delay;

  1. Transferring Rights and Obligations

10.1       We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.

10.2       You may not transfer (assign) your rights and obligations under these Terms.

  1. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

11.1       These Terms will change from time to time and we do not have the resources to let all our visitors know about the changes.

11.2       Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.

11.3       We may change the Site as often as we choose and these Terms will still apply to any changes we make.

  1. ADDITIONAL TERMS

12.1       Operative Law – This Agreement under which these Terms operate is made under the laws of England and Wales and that is the only jurisdiction which can govern it.

12.2       Partnership/Joint Ventures  – We are not entering into a partnership or co-venture with you.

12.3       Effect of Agreement – These Terms supersede all previous terms and represent the entire understanding between you and us.

12.4       Time of the Essence – Time will not be of the essence in any part of these Terms.

12.5       Unenforceability – If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.

12.6       Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.

12.7       Entire Agreement – These Terms contain the entire understanding between us.

PRIVACY AND COOKIE POLICY

INTRODUCTION:

We understand that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits our Site, and those visitors who contact directly by phone, email or by visiting us. We promise only to collect and use your personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

We are obliged to ask you to opt into our Privacy and Cookie Policy and we will take no personal data from you until you have. This means that, until you have agreed the Policy, we cannot offer any substantive help or advice.

You can opt into the Policy:

  • If you are on the Site, by pressing the “Accept” button;
  • If you contact us by email, by sending us a return email, saying that you accept our Policy;
  • If you contact us by telephone, by returning the acceptance form we will send you in the post; and
  • If you come into our offices, by signing the acceptance, at the base of the copy Policy we will give you.
  1. Definitions and Interpretation

To make the Policy easier to read, we have defined certain terms, as follows:

We, Us, Our

means Devoted, a trading name of Gemteq Limited of 27 Old Gloucester Road, London. WC1N 3AX. Registered Number: 9874339.

We are registered with the Information Commissioners Office under number: A8475776

Accountmeans the account you have with us, which enables you to use our services;
Cookiemeans a small text file placed on your computer or device by the Site when you visit or use certain parts of the Site. Details of the Cookies used by the Site are set out in Part 14, below; and
Cookie Lawmeans the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any replacement of it.
Data Protection Officer

means: Geoffrey Baxter

tel:        0800 020 9563

email:    hello@devoted.org

Data Protection Legislationmeans General Data Protection Regulation (EU Regulation 2016/679) (GDPR) and the Data Protection Act 2018
Sitemeans www.devoted.org

 

  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of the Site, which may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

  1. What Is Personal Data?

Personal data is defined by the Data Protection Legislation as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified.

Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

Some personal data may be sensitive, in its nature. That includes health records, criminal convictions and other similar data.

  1. What Are My Rights?

Under the Data Protection Legislation, you have the following rights:

  1. The right to be informed about our collection and use of your personal data.
  2. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete.
  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to us using your personal data for a particular purpose or purposes.
  7. The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
  8. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  9. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

You can always contact us for more information about your rights and we will do our best to help you. The Citizen’s Advice Bureau is also a valuable source of help.

It is important that your personal data is kept accurate and up-to-date. If any of the personal data  we hold about you changes, please tell us.

Please, always, contact us if you are not happy with the way we are using your personal data and we will do our best to resolve any problem. If you are not happy with any solution we offer, you have the right to lodge a complaint with the Information Commissioner’s Office.

  1. What Data Do You Collect and How?

Depending upon your use of the Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies.

Data CollectedHow We Collect the Data
Identity Information including name, title, date of birth, and gender.

 

 

 

 

We collect data using the Site or directly from you, in interviews, from completed forms and otherwise.

Contact information including address, emails address, and telephone number.
Payment information including card details and bank account details.
Profile information including preferences, habits, likes and dislikes.
Technical information including IP address, browser type and version.

 

  1. How Do You Use My Personal Data? 

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

What We DoWhat Data We UseOur Lawful Basis
Registering you on the SiteName, title, date of birth, address, email address.To ensure that we can communicate with you correctly.
Providing and managing your Account.Some data about likes and dislikes of you or the person needing our services.To ensure that we provide our services properly.
Providing and managing your access to the SiteIP address, browser type and version.To ensure the proper use of the Site.
Supplying our services to you or the person needing themAll personal data from both you and the person needing our services. This data may include certain sensitive data.To ensure that we provide our services properly.
Managing payments for our services.Card and bank details.To ensure the payment is made.
Communicating with you.Name, address, email address, telephone numbers.To enable us to communicate with you.

 

Where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

Third Parties (including payment service providers, those collecting anonymised data and others who provide services to us) may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling 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.

We do not use automated systems for decision making or profiling.

We will only use your personal data for the purpose(s) for which it was originally collected unless we  reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us 

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

  1. How Long Will You Keep My Personal Data? 

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

Type of DataHow Long We Keep It
Identity Information including name, title, date of birth.6 years 6 months.
Contact information including address, email address, telephone numbers6 years 6 month.
Payment information including bank card/account details.6 months from last use.
Profile information including passwords, preferences, likes and dislikes.6 months from last use.
Technical information including IP address, browser etc..6 months from last use.

 

  1. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein) as well as the UK and the EEA. These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

We will only transfer your personal data to third countries whose levels of data protection are deemed ‘adequate’ by the European Commission.

Please contact us using for further information about the particular data protection mechanisms used by us when transferring your personal data to a third country

The security of your personal data is essential to us and to protect your data, we take a number of important measures, including the following:

  • limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
  • procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so;
  1. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:

  • If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
  • In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority:

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8 

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy. 

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

  1. Can I Withhold Information?

You may access certain areas of the Site without providing any personal data at all. However, to use all features and functions available on the Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 12.

  1. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown above.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 14 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

  1. How Do You Use Cookies?

The Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of the Site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using the Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us Third-party Cookies are used on the Site for analytic purposes. For more details, please refer to the table below. These Cookies are not integral to the functioning of the Site and your use and experience of the Site will not be impaired by refusing consent to them.

All Cookies used by and on the Site are used in accordance with current Cookie Law.

Before Cookies are placed on your computer or device, you will be shown a a pop up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Site may not function fully or as intended.

Certain features of the Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown in the table below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that the Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

The following first-party Cookies may be placed on your computer or device:

Name of CookiePurposeStrictly Necessary
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and the following third-party Cookies may be placed on your computer or device:

Name of CookieProviderPurpose
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The Site uses analytics services provided by Google and others. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how the Site is used. This, in turn, enables us to improve the Site and the services offered through it.

The analytics service(s) used by the Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of the Site, it does enable us to continually improve the Site, making it a better and more useful experience for you.

The analytics service(s) used by the Site use(s) the following Cookies:

Name of CookieFirst / Third PartyProviderPurpose
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In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access the Site more quickly and efficiently including, but not limited to, login and personalisation settings 

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

  1. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on the Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of the Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

This Privacy Policy was last updated on 22 November 2020.

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