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PRIVACY NOTICE
Last updated April 01, 2020
This privacy notice for Arcadeland ('Company', 'we', 'us', or 'our',), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@arcadeland.co.uk.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Arcadeland and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties.
How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by filling out our data subject request form available here: https://arcadeland.co.uk/contact, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO WE MAKE UPDATES TO THIS NOTICE?
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe and PayPal. You may find their privacy notice link(s) here: https://stripe.com/gb/privacy and https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
The information we collect includes:
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ('third parties') who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organisation apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:
We also may need to share your personal information in the following situations:
5. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organisational and technical security measures.
We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@arcadeland.co.uk.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.
We will consider and act upon any request in accordance with applicable data protection laws. If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below or updating your preferences.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
If you have questions or comments about your privacy rights, you may email us at info@arcadeland.co.uk.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
10. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at info@arcadeland.co.uk or by post to:
Arcadeland, Unit 3, Burslem Business Park, Reginald street, Stoke-on-Trent, Staffordshire ST6 1DUUnited Kingdom
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: https://arcadeland.co.uk/contact.
Terms and Conditions
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier.
1.2 "Consumer" shall have the meaning described in section 12 of the Unfair Contract Terms Act 1977.
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions.
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier.
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier.
1.6 "Supplier" means Arcadeland of that owns and operates www.arcadeland.co.uk
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
1.8 "Website" means www.arcadeland.co.uk
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any Deposit or monies paid for the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3 ORDERING
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock, the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 Where the Buyer places multiple orders, these shall be processed as such with no edits made by the Supplier. If the Buyer requests multiple orders to be shipped as one, the refund of additional postage shall be processed by the Supplier to the Buyer in the form of store credit. Alternatively, the Buyer can request to cancel the orders and receive a full refund so that a new order can be placed.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. Where applicable, the price excludes delivery charges.
4.2 The total purchase price will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price plus delivery charges, if applicable, must be made during the checkout process.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the Services upon full payment or for bespoke orders perform the service within the pre agreed timescale, this timescale will be notified to the buyer upon request. The supplier will also begin to perform the sevices if a pre agreed deposit has been paid, the buyer will also be made aware of any "waiting time" for their order to be completed at the time of placing payment of any monies, this is normally a verbal notification as waitig times can vary from product to product.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance, or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
6.4 The Supplier reserves the right to alter / change any part of these terms and conditions at any time, it is the responsibility of the buyer to periodically check these terms and conditions for any changes
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8 DELIVERY
8.1 Goods supplied within the UK will normally be shipped within 2 working days of acceptance of order, ‘Excluding custom made/bespoke products’
8.2 Goods supplied outside the UK will normally be shipped within 3-4 working days of acceptance of order, ‘Excluding custom made/bespoke products’
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date.
8.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 In the event of goods being returned to the Supplier due to the Buyer not specifying the correct address or making necessary arrangements to take delivery of the Goods, it shall be the Buyer's responsibility to pay for re-sending of the Goods or any charges arising from failing to receive goods
8.7 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
8.8 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9 CANCELLATION AND RETURN
9.1 The Buyer may cancel any order for Goods for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days (excluding bespoke or made to order products). The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier via email within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier via email within 14 days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio, or visual recordings if these have been unsealed by the Consumer.
9.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging / Unused and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges . If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.6 In the event of cancellation, the Supplier shall be responsible for the recovery of the Goods from the Buyer and the Supplier shall inform the Buyer within 28 days of cancellation of the date when the Supplier will collect the Goods. The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any).
9.7 Goods to be returned must clearly show the order number obtained from the Supplier at the time of purchase
9.8 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
If the goods have been damaged / taken apart in any way, altered or modified in any way the Supplier reserves the right to refuse a full a refund including delivery / return costs, the ull cost to remedy any such actions will be chargeable to the buyer and deducted from any refund amounts
9.9 Personalised products, custom made products or products manufactured to order cannot be exchanged or refunded.
9.10 Any transit damage should be duly noted and the supplier should be informed as soon as possible, products found to be damaged when unpacked should not be used or assembled until the supplier has been notified. Damage caused by assembly will become chargeable to rectify should a return be made and a refund is requested, the Supplier will exchange any machine or part thereof that has been damaged in transit, photographic evidence may be requested by te supplier
LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
11 WAIVERS
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions 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 these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English.
15 CUSTOM MADE PRODUCTS OR BESPOKE PRODUCTS
We cannot offer any refund for any product that is bespoke made or manufactured to order. These products include arcade machines and Pinball Machines. Once an order has been placed for an arcade machine and the machine order has been sent to the manufacturers, there is no option to cancel or refund.
Once the manufacturing process has begun for any arcade machine / Pinball Machine, the sale is final and there is no option for a customer to change their mind. Once your machine order has been delivered, you must inspect the machine at the time of delivery. If there is a fault with a machine, you the customer must notify us by email or telephone within 3 business days of any issue. We will endeavour to have any machine or issue rectified for you. By placing an order for a custom manufactured arcade machine, you are agreeing to our terms and conditions
Software
Any software supplied on a machine is completely free and is not deemed part of the sale.
Although reasonable testing of any software has been completed, the Supplier cannot guarantee that it will work without error, All Software is made by 3rd Parties and the supplier therefore cannot offer any guarantees, however the supplier will make every effort to rectify any software issues that may arise.