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Others involved in sending marketing communications for example, agencies or service suppliers also have a responsibility to comply.
These rules do not seek to cover all circumstances. Other narrow grounds for processing or limited exemptions set out in the GDPR may be available to marketers, but if a marketer wishes to rely on them it would need to be able readily to explain how they are applicable.
A "controller" is any person or organisation that, alone or jointly with others, determines the purposes and means of the processing of personal data;.
A "preference service" is a service that, to reduce unsolicited contact, enables consumers and businesses to have their names and contact details in the UK removed from or added to lists that are used by the direct marketing industry.
Marketers must not make persistent and unwanted marketing communications by telephone, fax, mail, e-mail or other remote media.
In such cases, marketers must also provide, within the same timeframes, information on the categories of personal data concerned, the source from which the personal information originates, and if applicable, whether it came from publicly accessible sources but a marketer does not need to provide the information in rule In all cases where marketers intend to further process personal data for a purpose other than that for which it was obtained and referred to for example, in the original privacy notice , they must ensure that the new purpose is not incompatible with the original purpose, and provide consumers with information in, for example, a further privacy notice on that other purpose before processing it.
Those consumers should be identifiable. The legitimate interests provision does not apply where such interests are overridden by the interests or fundamental rights and freedoms of the consumer which require protection of personal data, in particular where the consumer is a child; and it does not provide a basis for processing personal data to send marketing communications by electronic mail although, see rule Marketers must give consumers a simple means to opt out.
Certain organisations cannot rely on this exception from consent — charities, political parties and not-for-profits where there is no sale or negotiation for a sale.
This rule does not apply where the consumer is a corporate subscriber: Marketing communications sent by electronic mail but not those sent by Bluetooth technology must contain the marketer's full name or, in the case of SMS messages, a recognisable abbreviation and a valid address; for example, an e-mail address or a SMS short code to which recipients can send opt-out requests.
Fax and non-live-sound automated-call marketing communications must contain the marketer's full name and a valid address or freephone number to which recipients can send opt-out requests.
Marketers must obtain explicit consent before processing special categories see Definitions of personal data, unless the data has already manifestly been made public by the consumer and the use of it was fair and within the reasonable expectations of the consumer.
Consumers are entitled to have their personal data suppressed so that they do not receive marketing. Marketers must ensure that, before use, databases have been run against relevant suppression files within a suitable period.
Marketers must hold limited information, for suppression purposes only, to ensure that no other marketing communications are sent to those consumers as a result of information about those consumers being reobtained through a third party.
Marketers must do everything reasonable to ensure that anyone who has been notified to them as dead is not contacted again and the notifier is referred to the relevant preference service.
When relying on consent as the basis for processing personal data, marketers must inform consumers that they have the right to withdraw their consent, at any time.
No entrant may win more than one prize. No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted.
No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.
If any group of people elects to collaborate on a submission, they are required to designate one person as the agent of the group to enter the promotion, agree to these terms and conditions and accept the prize on behalf of the group.
Entries received in connection with this promotion may be reviewed by the Promoter or a third party moderator after they have been placed online to confirm they comply with these terms and conditions.
If any such entries are or could reasonably be construed as being unlawful or contrary to these terms and conditions, we may report them to Twitter immediately and ask for them to be removed from the platform.
If you submit an entry that includes material the rights in which are owned by a third party, including intellectual property rights such as copyright and trade marks, you will be responsible for any legal action that party may take against you.
Entrants shall indemnify and hold the Promoter and their respective affiliates, directors, agents, or other partners "the Indemnitees" harmless from any claims, actions, proceedings, costs including reasonable legal fees and expenses brought or asserted by a third party against any of the Indemnitees arising as a result of the Promoter's use of the entrant's submission including but not limited to any breach of third party intellectual property rights.
By participating in this promotion, you agree to release, discharge and hold us harmless from any and all injuries, liability, losses and damages of any kind resulting from your participation in this promotion save that nothing shall limit our liability for fraud, or for death or personal injury caused by our negligence.
By submitting your entry, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, and make derivative works of your entry in any media and through any media channel.
The first entry drawn at random by an independent judge from all valid entries received by the closing date will win the prize as outlined in section In the event of any dispute, the decision of the Promoter is final.
In the event of unforeseen circumstances, the Promoter reserves the right to substitute the prize for an alternative of equal or greater value.
No correspondence will be entered into. The winner must claim their prize by responding to the direct message confirming their full name and address within 24h of the notification.
If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with the promotion rules.
There is no cash alternative to the prizes and the prizes are not transferable. The prize cannot be traded or transferred in any way.
The winners agree to comply with all Training ground conditions and with the respective ground regulations.
By entering the promotion, all entrants will be deemed to have accepted and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this promotion and any other purposes to which the entrant has consented.
All entry instructions form part of the rules. These terms and conditions and any issues or disputes which may arise out of or in connection with these terms and conditions whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise shall be governed by and construed in accordance with English law.