ABOUT GINGERSNAP AND OUR STORY APPS
This section explains more about how Gingersnap story apps work, who we are, the standard terms and conditions and how you can contact us if you have any questions and concerns about the service. In the privacy and data section we also explain how we use and manage your personal data (i.e. any information that may identify you or your family such as names and addresses) and in what circumstances we share your information and with whom.
As a company we strive to be open and transparent with all our users and, in addition to our regulatory obligations under the UK Data Protection Act 1998, we try to adopt best practices with regard to how we handle your personal data on your behalf. We also commit to regularly reviewing this notice.
The following has been written to be as close to ‘plain English’ as possible but does include some legal jargon to comply with the various laws of the land. If you have questions please do not hesitate to get in touch at firstname.lastname@example.org
HOW THE STORY APPS WORK
Making and sending stories
Each Gingersnap story app (“App”) enables you to personalise, purchase and play fun educational stories for children and gift them via email and personalised postcards.
The Apps are free to download using your standard iTunes account but you will still be asked for your username (known as your Apple ID) and password when you download them from the Apple App store for the first time, as the Apps contain additional in-app purchase options later on. However there is no obligation to buy when you download. (Children will need permission from the person who has set up the Apple iTunes account on the device first).
Anyone using the App can then customise the story with their own name and picture but no personal information leaves the device until you proceed and complete payment.
You will however need to make a payment to save, email or send that customised story onto a third party. (This is how we fund the creation of the stories and maintain the service!). Payment is done through your iTunes account and is known as an ‘in-app’ purchase. Children can only do this with the consent of a grown-up, and a adult will need to complete a simple multiple choice question (known as a ‘parental gate’) before we put them through to the Apple payment centre.
Once you make your payment, you will be issued with a unique code that is linked to the details you have submitted, and this will be saved and stored securely on our database. The information we hold at this point is your picture, the salutation you have requested for the story (Nanny, Mum, Grandpa etc.) and the first name of the child you wish to receive the story. The story code is also saved to your device in case you need ever need to retrieve it later.
In order to make your personalised story available to someone else, we then offer two ‘send’ options:
If you decide to send by email, we will auto-generate the email page with the information you need to pass on, but you will be sending this through your own email client. (We do not see the details of the person you are sending the email to and it is your responsibility to make sure that you use the correct email address and do not use the system to ‘spam’ people you don’t actually know).
If you choose to send a personalised postcard (this is included in the standard cost), we will also need to save the recipient address that you enter so that it can be printed on the address section of the postcard when it gets dispatched. However, we do not share these details with any third party companies, other our print and postal agency.
In both instances, we recommend that you always address the email or postcard care of the child’s parent or guardian so that only the child’s first name is visible.
You can also pass on the code ‘manually’, by adding it to a hand-written note or by spelling it out to someone over the phone, but the code can only be used on one other device and expires once it has been redeemed by the recipient.
We do not require users to register with Gingersnap at any point but we do provide an option for them to create a free secure account with us, by submitting their email and adding a password, so we can track all their sent and received stories, provide advance notice of future stories and offer discount options. This is entirely optional and is covered by the privacy further on.
Receiving stories and redeeming story codes
To retrieve a story that has been sent to you, you also need to download the App (if it hasn’t already been installed) and then enter the 9 letter code in the box provided on the main screen.
Anyone, of any age, can redeem and play the stories back, but we recommend parents check the image and name of the ‘sender’ (on the email and/or postcard) is genuine before the child gets started.
Once the story is played back the first time, the code is then saved on the device (in the Saved Stories section) and can be re-played at any time.
The final part of every Gingersnap story App is a ‘creative toolkit’ that is unlocked at the end of each adventure. These are designed to inspire the children to get creative and make a picture related to what they’ve seen or learnt. Their pictures then get saved to the camera roll on the device and can be found in’Photos’. We like to encourage families to send these back as ‘digital thank-you’ cards (by using the standard Apple photo share features) but that should only be done with a parent’s permission and is at the device owner’s discretion.
ADDITIONAL INFORMATION RELATING TO GINGERSNAP WEBSITE AND WIDER SERVICES
Social Media (Features) and Widgets
Our Apps and the website, which are both specifically designed for adults, may include social media features, such as the Facebook Like button and widgets, such as the Share This button or interactive mini-programs that run on our site. These features may collect your IP address, details of the page you are visiting on our site, and may need to set a cookie to enable the Feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our service. Your interactions with these features are governed by the privacy notice of the company providing it.
Our site offers publicly accessible blogs. Please note that if you wish to leave a comment within the blog section of the site you must have an account with one of the third party social media companies listed. You are only allowed to comment and share blog posts via social media widgets (for more information regarding social media widgets, please see above). To request removal of your personal information from our blogs, you must contact the third party service you used to post the comment directly.
HOW DO I EDIT MY INFORMATION?
To modify or delete any or all of the personal information you have provided to us, email email@example.com. We will respond to your access request within 30 days.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. Any transmission of your personal data is at your own risk. Once we have received your personal data we will use strict procedures and security features to prevent unauthorised access, but we cannot absolutely guarantee it will always be kept completely secure because of the nature of the internet.
LINKS TO OTHER SITES
The Apps and website contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of other sites. We encourage you to be aware when you leave our site and to read the privacy policies of each and every website that collects personal information. This privacy notice only applies to information collected by us through the website or Apps.
From time-to-time we may provide you or your child the opportunity to participate in surveys or contests on our service. If you participate, we will request certain personally identifiable information from you. If a child wishes to participate, we will ask that they have sought their parent or guardian’s permission and we will contact their parent/guardian accordingly via email.
Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and if you are under 13 we will ask for your parent’s email address and ask them to provide this information to us about you, and demographic information (such as a postcode etc).
We use this information to notify contest winners and deliver prizes, as well as to send occasional updates regarding the status of the contest and the participant’s entry.
CHANGES TO PRIVACY NOTICE
We may update this privacy notice to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our website and in the Apps, prior to the change becoming effective. We encourage you to periodically review these pages for the latest information on our privacy practices.
If we make material changes to how we use your personal information collected from children under age 13, we will notify all parents by email in order to obtain verifiable parental consent for the new uses of the child’s Personal Information.
NOW FOR THE LEGAL BIT
FORMAL TERMS AND CONDITIONS OF USE
These terms and conditions (“Terms and Conditions”) govern your use of the website found at www.gingersnap.tv (“Website”) and/or the associated mobile device applications(“Applications”). References in these Terms and Conditions to the “App” means the Website and/or the Application (as applicable).
The App is provided by Gingersnap Studios Limited, a company registered in the United Kingdom under company number 08548885 and whose registered office is at 10 to 14 Crown Street, London W38SB (“us”, “we” or “our”, for short). “You” and “your” means you as the user of the App.
Our e-mail address is email@example.com
Acceptance of Agreement
By accessing and using the Apps, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the Apps. You should read all the Terms and Conditions prior to using the Apps. You should also save and/or print out a copy of these Terms and Conditions for future reference.
Formation of contract
Your contract with us shall be formed at the time you commence your use of the Apps.
You may terminate your contract with us by contacting us at any time by email at firstname.lastname@example.org.
We shall be entitled at our own discretion to discontinue the Apps and delete all Content at any time and for any reason whatsoever. In such event we shall notify you not less than 30 (thirty) days prior to discontinuing the Apps. During such period of notice you should ensure that you have procured a copy of all Content that you own and that you require.
Although certain basic features of the Apps are free, to have full access to the Apps you must make an In-app purchase. This is done through the Apple in-app payment system (via its iTunes App store) will be automatically charged against your account when you confirm the purchase.
The payment fee for the Apps will include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
How to pay
You can only pay for the Apps via Apple’s iTunes app store and so you will also be subject to any terms and conditions of service of iTunes.
You will not have full access to the features of the Apps until we have received payment of the relevant In-app fee.
As payment is made via your iTunes App store account, if you wish to request a refund, please contact Apple directly.
Changes to this agreement
We may from time to time make changes to the terms of this Agreement. If we do so, the changes will be effective immediately. The then current Terms and Conditions will be available via a link on the Apps. It is your responsibility to ensure you are aware of any such changes. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by us. If you use the Apps after changes are notified to you in this way, you are deemed to agree to such changes. If you do not agree to such changes, you should not use the Apps.
Changes to the Apps
We may update the Apps from time to time, and may change the content at any time. However, please note that any of the content on the Apps may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Apps, or any content on it, will be free from errors or omissions.
Access to the Apps and website
Access to the Apps and website is permitted on a temporary basis and we may withdraw or amend any or all of the Apps without notice. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend access to the Apps periodically to carry out emergency or scheduled maintenance or for any other reason at any time. Access to the Apps is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access the Apps arising out of circumstances beyond our reasonable control.
We have the right to disable your access to the Apps at any time if, in our sole opinion, you have failed to comply with any of the provisions of this Agreement.
You are responsible for making all arrangements necessary for you to have access to the Apps. You are also responsible for ensuring that all persons who access the Apps through your internet connection and/or your Account are aware of these Terms and Conditions, and that they comply with them.
You agree that you are solely responsible and liable for all activities carried out by your use of the Apps, or use of the Apps by any other person via your Account.
Your use of the Apps and website
You may only use the Apps for lawful purposes. You may not use the Apps:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- 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.
You also agree:
- not to use your Log-in Details with the intent of impersonating another person;
- not to allow any other person to use your Log-in Details (save for any child or children added to your Account and acting under your supervision when using the Apps);
- not to use the Apps or any information provided to you by us to engage in or promote any commercial activities, without our prior consent;
- not to do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Apps;
- not to infringe any rights of any third parties;
- to contact us at email@example.com immediately if you consider any Content posted by another User to breach any of these Terms and Conditions;
- to comply with all our instructions and policies from time to time in respect of the Apps;
- to co-operate with any reasonable security or other checks or requests for information made by us from time to time;
- to use the information made available to you on the Apps at your own risk;
- not to reproduce, duplicate, copy, adapt, modify, decompile, reverse engineer or re-sell any part of the Apps in contravention of the provisions of this Agreement; and
- not to access without authority, interfere with, damage or disrupt any part of the Apps; any equipment or network on which the Apps are stored; any software used in the provision of the Apps; or any equipment or network or software owned or used by any third party.
Viruses, hacking and other offences
In addition to the provisions set out above, you must not attempt to gain unauthorised access to the Apps, the server on which the Apps is stored or any server, computer or database connected to the Apps. You must not attack the Apsp via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Apps will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Apps or to your downloading of any material posted on them, or on any website linked to it.
The following content standards apply to any and all Content you upload to the Apps.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Content as well as to its whole.
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- comply with applicable law in the UK and in any country from which they are posted.
Content must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Apps.
We have the right to remove any Content you upload to the Apps if, in our opinion, your Content does not comply with the content standards set out above, or for any other reason in our sole discretion.
Rights you license
Nothing in these Terms will serve to transfer ownership of the Content or the intellectual property rights therein to us. You hereby grant to us:
- a non-exclusive, worldwide, perpetual, irrevocable royalty-free licence to use, store, copy, reproduce, display and prepare derivative works of your Content and to distribute and make it available to third parties and Connected Users in connection with the Apps and their promotion, including, without limitation, providing printed copies of Content to Connected Users if requested; and
- the right to grant to your Connected Users sub-licences in respect of your Content on the terms set out below.
We grant you a non-exclusive, worldwide, perpetual, irrevocable licence to view the Content made available to you by your Connected Users. For the express avoidance of doubt, you shall make no other use of another User’s Content except with the express written consent of the User who owns such Content.
Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one copy of each of the Apps and all data, information, software graphics, images, text, posts and other content on the Apps (“Materials”) on a single device strictly in accordance with this Agreement.
You may only view, print out and use the Apps and the Materials for your own personal, non-commercial use.
Save for the Content, we are the owner or the licensee of all intellectual property rights in and to the Apps and the Materials. We expressly reserve all intellectual property rights in and to the Apps and the Materials and your use of the Apps and the Materials is subject to the following restrictions.
You must not: (a) remove any copyright or other proprietary notices contained in the Materials; (b) modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; (c) transfer the Materials to any other person; (d) use any Materials in any manner that may infringe any intellectual property right, proprietary right, or property right of us or any third parties; or (e) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Apps and/or the Materials in any way; without our prior written consent (which may be withheld in our sole discretion).
If you print off, copy or download any part of any of the Apps or the Materials in breach of this Agreement, your right to use the Apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We expressly reserve all rights in and to the domain name www.gingersnapadventures.com, our logo, the Gingersnap trade mark and all other related service marks, trading names or other trade marks relating to our products and services. Other trade marks, products and company names mentioned on the Apps may be trade marks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
Linking to the Apps or Website
You may link to the Apps (for example, from your social media accounts), provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to the Apps in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Apps. The Apps must not be framed on any other site.
To avoid any doubt, you must not link to the Apps from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
We reserve the right to withdraw linking permission without notice.
Third party sites and content
The Apps may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we or the Apps are/is affiliated or associated with such sites. Third party content may appear on the Apps or may be accessible via links from the Apps. We are not responsible for and assume no liability for such content.
Exclusions and disclaimers
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Apps and the Materials. We do not represent or warrant that the Apps will be error-free, free of viruses or owner harmful components, or that defects will be corrected.
Nothing in this Agreement shall exclude our liability for: (a) death or personal injury arising through our negligence; (b) fraudulent misrepresentation; (c) deliberate personal repudiatory breach; and/or (d) anything else that cannot be excluded or limited by us under English law.
We shall not be liable under this Agreement for any damages incurred by any User in connection with the Apps or in connection with the use, inability to use, or results of the use of the Apps, any websites linked to it and any Materials posted on it, including:
- indirect, special, incidental or consequential loss;
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss or misuse of data;
- loss of goodwill; or
- wasted management or office time,
whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages.
The Materials are not intended to amount to advice on which reliance should be placed. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Apps.
We therefore disclaim all liability and responsibility arising from any reliance placed on the Materials by any visitor to the Apps, or by anyone who may be informed of any of its contents.
The Materials may contain inaccuracies and typographical errors. Although we make reasonable efforts to update the information on the Apps, we make no representations, warranties or guarantees, whether express or implied, that the Materials are accurate, complete or up-to-date.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of any of the Apps and to make any changes to the features, functionality or content of the Apps at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Apps.
You hereby indemnify us and will at all times keep us fully and effectively indemnified from and against any and all expenses, liabilities, losses, damages and/or costs (including reasonable legal costs) arising out of any legal action, claim, demand and/or proceedings whatsoever incurred by us as a consequence of any breach of this Agreement by you.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid provisions eliminated.
Legal compliance and applicable law
You shall comply with all applicable laws and regulations in connection with your use of the Apps and the Materials that appear on it.
This Agreement shall be governed by and construed in accordance with English law. Any dispute arising from this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.
Other important terms
We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you have any concerns about material which appears on the Apps, or if you have any other comments or complaints, please contact firstname.lastname@example.org
Thank you for visiting the Website and Apps.
If you have questions or suggestions, please email us at email@example.com or mail us at
10-14 Crown Street