Messaging terms of use

We process personal information provided to us for the following reasons:

  • You have registered a Win Amazing account with us
  • You have made a complaint or enquiry to us
  • You have made an information request to us
  • You wish to attend, or have attended, an event
  • You have applied for a job with us
  • You have contacted us by mail, email or telephone
  • If you take part in our competitions or promotions

The information you give us will include your name, address, e-mail address, username, password, answers to security questions, phone number, financial and payment card information.

This information will be provided by you when you register to use our website, enter our prize draw, enter a promotion or correspond with us by phone, e-mail or otherwise filling in forms on our website, app or through our partners. 

We process personal information that is not directly provided by you, for the following reasons:

  • We collect information from the devices and applications you use to access and use our website, applications or services. To find out more about how we use cookies, please see our Cookie Policy.
  • We use credit/reference agencies in order to verify you are who you say you are, confirm your age and comply with legislation.
  • Social networks (Twitter, Facebook and Instagram) if you communicate with us through social media.
  • We also work closely with third parties (ticket retailers, payment and delivery services, advertising networks, analytics providers and credit reference agencies) and we may receive information about you from them.

If it is not disproportionate we’ll contact you to let you know we are processing your personal information.

Why we collect your data and how we use it

The information we collect means that we can:

  • Verify your identity and ensure that all participants in The Win Amazing draws are over 18.
  • Establish and administer your online Win Amazing account, including the fulfilment of the transactions that you instruct us to make.
  • Inform you about changes or information relating to your account, or changes to our services and to provide you with information about The Win Amazing draws and prizes.
  • Monitor your entries into The Win Amazing draw whether via our website or App, notify you when you win and pay out prizes accordingly.
  • Create and manage your account to play games online, via the App and/or by Direct Debit.
  • Ensure you are entitled to use your payment card if you have provided one.
  • Ensure our website and the App are optimised to enable the best experience for you while entering our prize draw.
  • If you have consented, we may ask for feedback on the services we offer in order to enhance market research and promote our games and services.
  • Promote Win Amazing and related activities.
  • We also want our communications to be as relevant to you as possible so we use your information to make marketing or other notifications relevant to you if you have consented to do so.
  • Ensure you are based within Great Britain (geolocation/IP address) where we are licensed to operate.

Sharing your data with third parties

We use third-party data processors, people who do not work for us directly, who provide elements of services for us. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will hold it securely and retain it in line with our retention periods. 

In some circumstances, we are legally obliged to share information.

We may be requested to share information with:

  • The Gambling Commission as directed under our operating licence
  • HM Revenue & Customs, regulators and other tax authorities
  • Law enforcement and fraud prevention agencies to assist in investigations

Your information will also be made available to service providers carefully chosen and operating under a contract with us:

Appropriate agencies to verify your age upon opening an account with us:

Banks or other financial institutions to verify bank account details and set up a payment to you, payment details from you for subscription services. 

To our payment processor:

Win Amazing Limited

  • Administer and manage your Win Amazing account:
  • Win Amazing Limited

How we protect your data

The security of your information is taken very seriously and our site is regularly audited independently to protect our data.

We use reasonable physical, technical and administrative measures to safeguard the personal information you provide through the Sites or in connection with our products and services. 

The Win Amazing site is accessed using https rather than http ensuring that all sent and received information is encrypted.

Please be aware that no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Sites and you do so at your own risk.

How long we keep your data

We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. At the end of that retention period, your data will either be deleted or anonymised (so that it can no longer be associated with you) and used for research or statistical purposes.  In some circumstances you may be entitled to ask us to delete your data: see ‘Your rights’ below for further information.  

Your rights

You have the right:

  • to ask us not to use your personal data for direct marketing. To do so, visit your marketing preferences within My Account
  • to ask us not to process your personal data where it is processed on the basis of legitimate interests if there are no compelling reasons for that processing  
  • to request from us access to personal information held about you to ask for the information we hold about you
  • to ask for the information we hold about you to be rectified if it is inaccurate or incomplete  
  • to ask that we stop any consent-based processing of your personal data after you withdraw that consent  
  • to ask, in certain circumstances, to delete the personal data we hold about you
  • to ask, in certain circumstances, for the processing of that information to be restricted
  • to ask, in certain circumstances, for data portability

All the terms of service that govern your access to, use of, and interactions with the text messaging platform used by Win Amazing to deliver text messages to you. To make these Messaging Terms easier to read, the text messaging platform and all Win Amazing text messages, are collectively called the “Messaging Services.”.

Please read them before setting up your free account.

1. Overview

WinAmazing Limited (referred herein as “WinAmazing”) which is a private limited company with registered number 14646429 and registered address Create Business Hub, Ground Floor 5 Rayleigh Road, Hutton, Brentwood, Essex, England, CM13 1AB

By registering with Win Amazing, you warrant that you are legally capable of entering into binding contracts.

Sign-up, purchase of Win Amazing Messaging Services and continued use of Win Amazing Messaging Services shall each constitute acceptance of these terms and conditions by you and shall form a contract (“Contract”) between you and us. These terms and conditions regulate the terms of the Contract.

2. Provision of Win Amazing Messaging Service.

We will take all reasonable steps to make Win Amazing Messaging Services available to you at all times. It is possible the quality and availability of Win Amazing Messaging Services could be affected by factors outside our control. Occasionally, we need to do maintenance work or upgrade Win Amazing Messaging Services. This could result in Win Amazing Messaging Services becoming temporarily unavailable.

We may suspend Win Amazing Messaging Services without notice if we have reason to believe you haven’t complied with one or more of these terms and conditions.

All complaints will be investigated and we reserve the right to suspend your Win Amazing service if a complaint has been made against you.

If you use Win Amazing Messaging Services  from a country outside the UK you may be subject to different laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.

We may establish limits concerning the use of Win Amazing Messaging service. For example the maximum number of text messages that may be sent or received.

You agree that we have no responsibility for the deletion, corruption or failure to store any of your content maintained or transmitted when you use Win Amazing Messaging Service

We accept no liability for the loss, late receipt or non-readability of any text message sent by Win Amazing

3. Delivery Reports

We make no guarantee for the provision of delivery reports as the networks are unable to provide us with any kind of guarantee themselves.

When no delivery reports are provided by the networks, we cannot refund any text credits that are deducted as we will not know whether or not a message has been delivered.

4. Your Responsibilities

You agree that you will:

Keep your username and password safe and notify us  immediately if you believe they have been lost, stolen or compromised.

Not act in any way, whether knowingly or otherwise, such that the operation of Win Amazing Messaging Services will be jeopardised or impaired.

Comply with any reasonable instructions issued by us which concern your use of Win Amazing Messaging Services and cooperate with us in our reasonable security and other checks.

5. Information supplied by You

By registering for Win Amazing Messaging Services you confirm to us that the name, email address and other factual information which you provide to us are correct.

You acknowledge that if we suspect that registration information supplied to us is either inaccurate, false or without the knowledge of the person named on the registration, we may suspend Win Amazing Messaging Services to you while we investigate further. If our suspicions prove incorrect, we will reconnect Win Amazing Messaging Services immediately.

You acknowledge that you will have no claim against us in respect of any delay or disconnection caused because of the operation of this or any other clause.

You must let us know if the details supplied to Win Amazing Messaging Services change.

6. Our Liability

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the terms and conditions for Win Amazing draws and these Messaging terms and conditions.

We are not responsible for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or damage to reputation or brand, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, or any indirect losses which happen as a side effect of the main loss or damage.

This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;

Under section 2(3) of the Consumer Protection Act 1987

For fraud or fraudulent misrepresentation; or

For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7. General

Where we are required to do so by law, you agree to the disclosure to any company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:

Any information relating to your registration, including your financial information and details of how you have performed in meeting your obligations under these terms and conditions.

Any disclosure as may be required by the Data Protection Act 1998

Any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.

We will use your information which you provide to us together with other information for administration, marketing, customer services, web use preferences, and profiling your purchasing preferences.

We will keep your information for a reasonable period after your contract with us has finished in case you decide to use Win Amazing Messaging Services again.

8. Data Protection

For the purposes of these Terms of Service “Data Protection Legislation” shall mean:- (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

Both You and Win Amazing Messaging Services agree to comply with all applicable requirements of the Data Protection Legislation.

The parties acknowledge that for the purposes of the Data Protection Legislation, You are the data controller for the purposes of any personal data (including but not limited to Contact Details) that you transmit and store in your account and We are the data processor (data controller, data processor and personal data have the meanings as defined in the Data Protection Legislation)

You expressly consent to Us using any holding, subsidiary or group company, located in the EEA, to assist in the provision of the Services under these Terms of Service and as such agree that these affiliated companies may also process personal data on Your behalf.

We shall, in relation to any personal data processed in connection with the performance by Us of our obligations under these Terms of Service:

Process that personal data only on Your written instructions unless We are required by the laws of any member of the European Union or by the laws of the European Union applicable to You to process personal data (Applicable Laws). Where We are relying on laws of a member of the European Union or European Union law as the basis for processing personal data, We will promptly notify You of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Us from doing so

Ensure that We have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymisation and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it)

Ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential

Comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred

Comply with Your reasonable instructions notified to Us in advance with respect to the processing of the personal data;

We will not knowingly transfer any personal data outside of the European Economic Area unless You have given us prior written consent and the following conditions are fulfilled:

You, the data subject has enforceable rights and effective legal remedies

You consent to Us using third-party processors to provide the Services.

9. Written Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. Notices

All notices given by you to us must be given to Win Amazing Messaging Services on gdpr@winamazing.co.uk. We may give notice to you at the e-mail address you provide to us when registering for Win Amazing Messaging Service, or in any of the ways specified in clause 10 (Written Communications) above.

11. Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. Events outside of our control

Sometimes things happen that we cannot control. Things such as riots, strikes, wars, fires, floods, earthquakes, changes in government policy and law. If we are unable to meet our obligations due to a Force Majeure event then the Contract is deemed suspended until the event has passed or we are able to find a solution by which our obligations can once again be fully performed.

13. Termination

Either party may terminate the Contract immediately.

Either party may terminate the contract immediately if the other breaches the terms of the Contract and fails to remedy the same, when requested, within 30 days.

14. Waiver

If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 (Notices) above.

15. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

17. Our right to vary these terms and conditions

You will be subject to the policies and terms and conditions in force at the time that you open an account.

We have the right to revise and amend the policies and these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.Law and Jurisdiction

Contracts for the purchase of Products, Services and draws through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales