Terms and Conditions

01283 515000
New Street, Burton upon Trent, DE14 3TN
SAT NAV POSTCODE: DE14 3ST

Today's Centre Opening Hours: 8.00am - 5.30pm

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE

This website (the "Site") is operated by Cushman&Wakefield Debenham Tie Leung Limited, C&W, as data processor. We manage The Octagon Shopping Centre on behalf of its Owner. We are registered in England and Wales under company number 01188567 at 125 Old Broad Street, London, EC2N 1AR (referred to as the Service Provider SP" or C&W throughout)

To contact us for general enquires, please click here.

Acceptance of Terms

Your access to and use of this Site is subject to the following Terms of Use. [SP] reserves the right to update these Terms of Use at any time without notice to you. The most current version of the Terms of Use may be accessed by clicking on the "Terms of Use" hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

If you are aged 13-18, you may use the Website only under the supervision of your parent or legal guardian. If you are the parent or legal guardian, you are agreeing to be bound by these Terms of Use on behalf of yourself and your minor child.

Accuracy and Completeness of Information.

While [SP] strives to ensure that the information contained in this Site is accurate and reliable, [SP] makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

Modification of Site

[SP] will periodically revise the information, services and resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

Your Use of the Site

As a user of the site you agree:

Not to attempt to bypass any security controls or disrupt the property working of the Website
Report any suspicious online activity related to the Website to the [SP] using [insert URL]
Use anti-malware software regularly updated
Make appropriate enquiries and, if necessary, take legal and independent financial advice before entering any transaction which may be based on any of the material contained in the Website
Keep any Website login details safe and secure, i.e. not sharing my password or attempting to use identities belonging to others.

You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you because of any such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the written permission of [SP on behalf of Owner].

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Unsolicited Submissions

[SP] does not accept or consider any creative ideas, suggestions or materials from the public ("Submissions"), therefore, you should not make any Submissions to [SP]. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of [name of owner]. [SP, on behalf of Owner] shall exclusively now and hereinafter own all rights, title and interest therein. [SP on behalf of Owner] will be free to use any Submissions for any purpose whatsoever.

Privacy

Policy [SP]'s use of any personal data you submit to the Site is governed by the Site's Privacy Policy.

Disclaimers

THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. [SP and Owner] EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. [SP and Owner] DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.

Limitation of Liability

In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall [SP or Owner] be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

Indemnification

You agree to defend, indemnify and hold [SP and Owner] harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from and related to your use of the Site.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of [SP] and the Owner and its group companies. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of [SP on behalf of Owner].

Trademarks

This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to [SP] and its group companies. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of [SP] or any such third party that may own a Mark displayed on the Site.

Special Offers and Links to Third Party Sites

This Site may contain special offers made by third parties and/or links to other sites owned and operated by third parties and not maintained by [SP]. However, even if such third parties are affiliated with [SP], [SP] has no control over the special offers made or the linked sites, all of which have separate terms and conditions, privacy and data collection practices and legal policies independent of [SP]. [SP] is not responsible for the contents of any special offers or linked sites and does not make any representations regarding the content or accuracy of the special offers or material on linked sites. Viewing such third-party sites is entirely at your own risk.

Law and Jurisdiction

These Terms shall be governed by, interpreted and construed in accordance with the laws of England and Wales and all claims or disputes arising out of or in connection with them shall be subject to the exclusive jurisdiction of the English Courts.

PRIVACY & COOKIES POLICY

Our Commitment to Privacy

The Site is managed by [SP] on behalf of the Owner.

This privacy policy ("Policy") sets out what information [SP] collects from you, what we do with that information and with whom we share it. [SP] complies with the Data Protection Act 1998 (the Act) in all use of personal data. If you have any questions about this Policy, please contact us. To contact us for general enquires, please click here.

We believe that the responsible use of personal information collected on our websites is critical to our business objectives and reputation. As part of our commitment to privacy, we have adopted this Privacy Policy. The extent and type of information we receive from you on our external websites depends on the information you provide to us through our contact mailboxes and/or through any registration processes on our sites.

Use of Information

We only use your personally identifiable information to respond to your requests and to provide you with information about [shopping centre name] services, but may also use it to provide you with marketing material about [shopping centre name] services retailers or events potentially of interest, unless you opt out of receiving this information as provided below. We may also use personal information for marketing purposes, market research or to share with the Owners, their agents and business partners or for other related business partners.

Collecting Information

Some of our websites may invite you to contact us or to provide information about yourself. We use the information you provide to personalize your online experience and to deliver the content most suited to your needs.

In addition, "cookies" (i.e. small text files placed on your computer when you first visit the site) are used on some of our websites. Most browsers now recognize when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company's technology help desk or your Internet service provider.

Cookies are primarily used to enhance your online experience and are not used to track the navigational habits of identified visitors, unless we obtain your permission to do so. If you visit our sites to read or download information, such as news stories or articles, much of the information we do collect is statistical only (e.g., the domain from which you access the Internet, the date and time you access our site, and the Internet address of the website from which you linked directly to our site) and not personally identifiable. We use this information about the number of visitors and their use of the sites in aggregate form to make our sites more useful and attractive to you.

Some of the cookies we use are provided by Google Analytics and these are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. These cookies collect information in an anonymous form, including numbers of visitors to the site, the pages visited and where visitors have come to the site from. An overview of privacy at Google can be seen at http://www.google.com/analytics/learn/privacy.html and to opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org or http://www.aboutcookies.org/

Sharing Information

The personal information you provide to us will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or your request or as required by law or other legal processes, and we never sell your personal information. Furthermore, personal data collected by [SP] may be transferred to our subsidiaries or affiliated companies where it is necessary to carry out our business or to meet the purpose for which you have submitted the information. By submitting data through [SP] electronically, you are providing explicit consent to trans-border transmission of data collected via our websites.

Safeguarding Information

In addition, we have technological and operational security policies and procedures in place to protect your personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information.

[SP] recognizes its responsibility for protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, or would like to opt out of receiving any marketing material from us, please contact us http://theoctagoncentre.co.uk/contact. This email address is being protected from spambots. You need JavaScript enabled to view it. You may also use this address to communicate any concerns you may have regarding compliance with this Privacy Policy.

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.

Linking to Other Sites

This policy covers this website only.

Location and Acceptance of Use

[SP] manages this website on behalf of the Owner from Management Suite,

The Octagon Centre
Management Suite
Burton upon Trent
DE14 3TN.

All matters pertaining to this website are governed and interpreted under the laws of the England and Wales.

By accessing this website, you indicate your acceptance of this Privacy Policy and that you agree that we can place the types of cookies described above on your device.

PRIVACY NOTICE FOR SHOPPERS

WHO ARE WE?

We are The Octagon Shopping Centre, New Street, Burton upon Trent DE14 3TN, United Kingdom

We want to reach out to our customers and hear what theyâre saying â" whether itâs by giving us feedback or comments, agreeing to receive our newsletter or services or taking part in our competitions or competitions weâre running - weâre thrilled youâre joining the conversation.

You can use our online services to benefit from our services (such as wifi), take part in campaigns which we might run from time to time, complete a survey, join our mailing list to receive our ezine and emails so we can tell you about whatâs happening and/or to benefit from deals and discounts weâre offering

WHAT IS THIS NOTICE?

When you interact with us, you may give us Personal Data about you. Personal Data means data which can be used to identify an individual. The individual who can be identified from the Personal Data is known as the Data Subject.

In respect of any such Personal Data, we are acting as a Controller (which means we are the business responsible for making the decision to collect the Personal Data in the first place, and deciding what to collect and how to use it). To help us to connect with our customers and run some of our marketing services, we use a marketing agency. Currently we use a company called Velocity Worldwide UK Ltd (Velocity) to manage our marketing services for us. This means that they may handle Personal Data as a Processor (they are acting on our behalf and authorised to use the Personal Data in accordance with our instructions).

This notice deals with our marketing activity and sets out what Personal Data we collect from you when you interact with our marketing agency and what we do with it.

If you have any questions relating to how we use Personal Data about you, please contact us at the address above or by email at marketing@theoctagoncentre.co.uk/

WHAT INFORMATION DO WE COLLECT AND STORE?

We may collect and process the following data about you, some of which may include Personal Data:

INFORMATION WHICH YOU PROVIDE US WITH WHEN YOU USE INTERACT WITH US ONLINE: for example if you use our services (such as wifi), take part in campaigns which we might run from time to time, complete a survey, join our mailing list to receive our ezine and emails so we can tell you about events, and you can benefit from deals and discounts weâre offering). This may include:

your name, address and phone number

where you come from

your gender

online contact information

any opinions or preferences which you express (including your likes and dislikes)

details about your location

TRANSACTIONAL DATA: that is, information which we might collect if you use a voucher, loyalty card, discount code or take part in a promotion which we are running. This will help us to learn about:

your shopping preferences, interests, hobbies and habits

your health, well-being and lifestyle choices

TRAFFIC DATA: that is, information about which websites you access or offers you click on when youâre using our services.

LOCATION DATA: we may collect information about your location from time to time if you have provided us with certain information. For example we may use the following technologies to recognise you when you come into our shopping centre:

i-beacons, which enable us to communicate with your device using bluetooth

wi-fi, which enables us to communicate with your device

HOW DO WE USE THE DATA WE COLLECT ABOUT YOU AND WHATâS OUR LEGAL BASIS?

We may use the data we collect about you in the following ways:

TO CREATE A PROFILE ABOUT YOU TO INFORM OUR MARKETING DECISIONS: We might do this to make sure we send you information which we think might be of interest to you, about campaigns weâre running and other events or discounts weâre offering (including surveys and information about goods and services which we think youâll like and which seem to tie in with your interests). To do this, we may need to undertake analysis of your purchase habits and preferences. Once an account has been set up, profiling is an automated process which enables us to learn things about you. We set up the account on the basis that you have agreed we can use the information you provide us with for marketing purposes. You may ask us to delete your account at any time and we will promptly comply. You may set up a new account at any time.

TO SEND YOU MARKETING COMMUNICATIONS: contacting you by email, SMS, push notifications in our app, social media (and potentially by other communication channels which may become available in the future) to provide you with competitions, deals and information about products and events). We are relying on you signifying your consent to us. You are entitled to withdraw your consent to all marketing or marketing via particular channels at any time and we will promptly comply with your request.

TO PROVIDE SERVICES: for example, if you have provided us with your details so that you can receive particular services from us (such as signing in to wifi, taking part in a campaign, benefiting from a discount or taking part in a competition), we will use your Personal Data in order to make that happen. For certain campaigns and competitions, this may include transferring Personal Data related to you to a third providing the prize or whose goods or services are being promoted. If a transfer of this nature is required, we will publish the name of the third party recipient and let you know that the transfer is required before we do so. In this case, we are relying on the fact that such use of your Personal Data is required to provide you with the services you have requested. This may be a contractual obligation or based on you giving us your consent. You may let us know at any time if you want to pull out of a competition or stop receiving our services and we will promptly comply with your request.

INTERNAL BUSINESS REQUIREMENTS: we may use your Personal Data in accordance with our internal business requirements. For example we may need to retain back-up copies of data to make sure we have adequate safeguards in place to prevent loss of the data we hold; we may need to use your data to resolve disputes. In this instance, we are relying on the fact that such use is essential to protect a legitimate interest to enable us to run our business successfully. Any copies of the data held will be held securely and no further use shall be made of such data save as set out herein. We believe that such use would be generally anticipated by data subjects and is highly unlikely to cause any damage to or be considered by data subjects to be invasive of their privacy.

STATISTICAL ANALYSIS: we may collect and use aggregate data, for internal market research, statistical analysis and data mining purposes and we may transfer this data at will to third parties. This data will be anonymised and you will not be identifiable from it.

WILL PERSONAL DATA ABOUT YOU BE DISCLOSED TO ANYONE ELSE?

We will not pass Personal Data about you to third parties for marketing purposes unless you have expressly consented to it.

We may disclose your Personal Data to third parties for the following purposes:

to our licensors, employees and third parties who are contracted to provide services to help us to carry out our business. Any employees and/or data processors (including Velocity) contracted by us will be subject to strict contractual requirements only to use your personal data in accordance with our instructions.

if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements or to protect the operation of our website, or the rights, property, or safety of us, our customers, or others.

If we sell or buy any business or assets. We will never sell Personal Data as a sole asset.

We may disclose aggregate data to third parties for analysis and market research purposes. Any data so disclosed will not contain Personal Data.

WHAT SECURITY PROCEDURES DO WE HAVE IN PLACE?

It is our policy to ensure that all Personal Data held by us (or any Processors we use) is handled correctly and appropriately according to the nature of the information, the risk associated with mishandling the data, including the damage that could be caused to an individual as a result of loss, corruption and/or accidental disclosure of any such data, and in accordance with any applicable legal requirements.

We undertake regular security and risk reviews and we monitor all of the controls that we have in place to ensure the security, accuracy and integrity of the Personal Data we hold. We also endeavour to ensure that such data is only accessed by authorised personnel for a legitimate purpose (in accordance with our privacy notice).

We have a set of formal procedures that must be adhered to within our organisation to ensure that security standards are maintained and that data privacy is respected.

Our marketing agent, Velocity (which manages any data it collects for marketing purposes) is ISO27001 accredited by the BSI.

There are some steps you can take to help make sure that your data is protected. For example:

(a) if you are contacting us with a query or complaint, only ever give us your work details rather than your personal contact details;

(b) if you are sending any financial details or sensitive information, consider sending it in separate emails or encrypted, password protected documents; and

WHERE DO WE STORE THE PERSONAL DATA WE COLLECT?

We only use servers in the EU (and Britain). Our current host servers are provided by Amazon Web Services, whose servers are based in Dublin.

FOR HOW LONG DO WE STORE PERSONAL DATA ABOUT YOU?

8.1 We will retain and use Personal Data which we collect for marketing purposes in accordance with the following provisions:

We will hold identity and contact data until asked by you to delete the data or cease such processing. In order to make sure that we are doing this transparently, we will give you the option to opt out in every communication we send. If we havenât heard from you or had any interaction with you for over 2 years, we will contact you and ask you if you would like to be removed from our database.

9. WHAT RIGHTS DO YOU HAVE IN RESPECT OF ANY PERSONAL DATA WE HOLD ABOUT YOU?

9.1 Data Subjects have the following rights in respect of Personal Data relating to them which can be enforced against the Controller:

Right to be informed: the right to be informed about what Personal Data the Controller collects and stores about you and how itâs used.

Right of access: the right to request a copy of the Personal Data held, as well as confirmation of:

the purposes of the processing;
the categories of personal data concerned;
the recipients to whom the personal data has/will be disclosed;
for how long it will be stored; and
if data wasnât collected directly from the Data Subject, information about the source.

Right of rectification: the right to require the Controller to correct any Personal Data held about the Data Subject which is inaccurate or incomplete.

Right to be forgotten: in certain circumstances, the right to have the Personal Data held about the Data Subject erased from the Controllerâs records.

Right to restriction of processing: the right to request the Controller to restrict the processing carried out in respect of Personal Data relating to the Data Subject. You might want to do this, for instance, if you think the data held by the Controller is inaccurate and you would like to restrict processing the data has been reviewed and updated if necessary.

Right of portability: the right to have the Personal Data held by the Controller about the Data Subject transferred to another organisation, to the extent it was provided in a structured, commonly used and machine-readable format.

Right to object to direct marketing: the right to object where processing is carried out for direct marketing purposes (including profiling in connection with that purpose).

Right to object to automated processing: the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal effects (or other similar significant effects) on the Data Subject.

We may need to ask you for further information and identification to help us to comply with this request.

10. WHO DO YOU COMPLAIN TO IF YOUâRE NOT HAPPY WITH HOW WE PROCESS YOUR PERSONAL DATA?

If you have any questions or concerns about how we are using Personal Data about you, please contact our Data Protection Officer immediately at our registered address (see clause 1.1 above) or by email to marketing@theoctagoncentre.co.uk/

If you wish to make a complaint about how we have handled Personal Data about you, you may lodge a complaint with the Information Commissionerâs Office by following this link: https://ico.org.uk/concerns/.

Last updated: 17-05-2018