The www.mallcribbs.com website (the "Website") is owned by M&G Real Estate ("we", "us" or "our" in these terms and conditions) and whose addresses and contact details are set out below, and is managed on our behalf by CBRE Limited, whose details are also set out below.
References to "you" or "your" are references to any individual or business accessing the Website.
Any personal information you supply to us will be used in the manner set out in our Privacy and Cookies Policy. Please make sure you read our Privacy and Cookies Policy to learn about the information that we collect on the Website and how we process it.
Your use of and access to the pages of the Website are subject to the terms and conditions set out below and our Privacy and Cookies Policy (together these "Terms"). Before accessing and using the Website, please read these Terms carefully because they constitute a legal agreement between us and you. By using the Website, you agree to these Terms and affirm that you are able and legally competent to do so. If you do not agree, you are not authorised to use this Website and you should exit it immediately.
We warrant that we have validly entered into these Terms and that we have the legal power to do so.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you. Please see "OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU" (Section 6) below for more information.
1. Changes to Terms and Additional terms
The Effective Date of these Terms is stated at the top of this page. We do not intend to change these Terms very often but reserve the right to do so. Such modifications shall be effective immediately upon posting of the modified terms on the Website. Your continued use of this Website following our posting of any amended Terms constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms.
In addition to these Terms there may also be specific additional terms that apply to certain sections of this Website. Because those specific additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the unlikely event of any conflict between the provisions of these Terms and any specific additional provisions applying to particular sections, the specific additional provisions will prevail.
We retain full and complete title to all intellectual property, information and materials in or on the Website, including but not limited to copyright and unregistered and registered trade mark rights. All such rights are reserved and the benefit of any goodwill inures to us. You may download, print and/or copy extracts from the content on the Website solely for your own personal, non-commercial use provided that you leave all copyright, trade mark and other proprietary notices intact. You must not copy, download, store in any medium, display, adapt, modify, manipulate, translate, distribute, transmit or re–transmit, transfer, sell, re–publish or reverse engineer any content on the Website (including any software used in the creation of this Website) or create any derivative works based on any such content for any purposes except as provided above.
No material from this Website may be commercially exploited in any way, without our prior written permission.
3. Your Responsibilities and Acknowledgements
You must be at least thirteen (13) years old to use the Website. By accessing or using the Website, you confirm that you are not younger than 13. If you are aged between thirteen (13) and the age of majority in your place of residence, you may use the Website only under the supervision and with the consent of your parent or legal guardian. If you are the parent or legal guardian of a child using the Website, you agree to be bound by these Terms on behalf of yourself and your child.
You may use the Website only for lawful purposes.
You may not use the Website:
- To create a false identity or impersonate any person;
- To transmit any advertisement, solicitation, junk mail or other unsolicited or unauthorised commercial or promotional content;
- In any way that breaches any applicable local, national or international law or regulation;
- In any way which undermines or negatively impacts the Website, any of the services made available on it, or our reputation generally.
You must not:
- Disrupt or attempt to disrupt the proper working of the Website (e.g., by hacking into our server);
- Restrict or inhibit any other person from using and enjoying the Website;
- Use any spambot, bot net or other bot, scraper or other automated means to access the Website or transmit any virus, worm, Trojan or other malware to or though the Website;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Website;
- "Frame" or "mirror" any part of any of the Website unless you have our prior written authorisation;
- Post or transmit any material or engage in any other behaviour or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable (as determined by us in our sole discretion); or
- Assist any person in engaging in any of the activities described above.
You acknowledge that you can be held legally liable for what you say or do online. We have the discretion to terminate your access to the Website without notice for any violation of the above rules.
If you register to receive our newsletter, you warrant that all details and representations you provide to us for the purpose of registering are correct.
If we consider, in our discretion, that a breach of these Terms has occurred, we may take such action as we deem appropriate, including without limitation:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Issue of a warning to you.
- Cancellation of your subscription to the newsletter (if applicable).
- Commencement of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
4. Third Party Websites
The Website contains links to other websites which are independent of us and are maintained by third parties. We are not responsible for the contents of any third party websites and shall not be liable for any damages or injury arising from the contents of such websites. Any links to other websites are provided as a convenience to you as a user of this Website, and do not imply our endorsement of the linked websites or association with their operators. Any third party that wishes to establish links to this website should notify us of their intention prior to doing so. We reserve the right to deny permission for any such links to this Website.
We recommend that you make appropriate enquiries and, if necessary, take legal and independent financial advice before entering into any transaction which may be based on any of the material contained in this Website.
5. Privacy/ Security
Please make sure that you carefully read our Privacy and Cookies Policy to learn about the information that we collect and how we process it.
Without limiting the terms of our Privacy and Cookies Policy, you understand that we do not and cannot guarantee that your use of the Website and/or the information provided by you through the Website will be private or secure. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Website. We encourage you to take precautions to protect your information, including protecting your passwords, using secure networks to access the internet, logging out of online services when you are away from your device and deploying appropriate virus protection software.
You are responsible for configuring your information technology, computer programmes and platform to access the Website.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
The Website is provided by us "as is" and your use of the Website is at your own risk . We exclude any implied conditions, warranties, representations or other terms that may apply to the Website or any content on it, to the fullest extent permitted by law, including with regards to merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any use of dealings or usage of trade. We do not warrant that the Website or any information on it will be uninterrupted or error–free or that defects will be corrected or that this Website or the server that makes it available is free of any virus or other harmful elements. For your own safety and security you should take regular back–up copies of data and use the latest virus checking software, and we cannot accept any liability arising from your failure to do so.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website;
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements for such device.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the right to use or access the Website but for your agreement to the above limitations of liability.
These Terms, together with our Privacy and Cookies Policy, contain the entire agreement between us and you relating to your use of the Website.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been included. If we or you fail to perform any obligation in these Terms, and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of such term and will not prevent enforcement on any other occasion.
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
8. Questions and Complaints
Any questions? Please contact us at: firstname.lastname@example.org
M&G Real Estate Limited, a company incorporated in England and Wales with registered number 3852763 whose registered office is at 10, Fenchurch Avenue, London, EC3M 5AG.
CBRE Limited, a company incorporated in England and Wales with registered number 3536032 who registered office is at St Martin's Court, 10 Paternoster Row, London, EC4M 7HP.
This Privacy and Cookies Policy is designed to inform you about our practices regarding the collection, use, and disclosure of information that you may provide to us, M&G Real Estate Limited.
The www.mallcribbs.com website (the "Website") is owned by M&G Real Estate Limited, a company incorporated in England and Wales with registered number 3852763 whose registered office is at 10, Fenchurch Avenue, London, EC3M 5AG and is managed by CBRE Limited, a company incorporated in England and Wales with registered number 03536032 who registered office is at St Martin's Court, 10 Paternoster Row, London, EC4M 7HP. References in this policy to 'us', 'we', 'our' are references to M&G Real Estate Limited, CBRE Limited or M&G Real Estate Limited's affiliates/group companies.
References to 'you' or 'your' are references to any individual or business accessing the Website.
Please note that other sites to which this Website may be linked are not covered by this Privacy and Cookies Policy. You acknowledge that your access of such websites will be subject to the relevant third party's terms and conditions and that any information you provide to such third parties may be subject to their own privacy policies. We are not responsible for the privacy practices or content of such websites. In addition, we have no control over how such information is used and, as such, any course of action you have regarding any alleged misuse of such information must be against the relevant third party.
We may revise this Privacy and Cookies Policy from time to time and such revision will take effect when it is posted on this Website. We therefore encourage you to check this page frequently for posted revisions regarding the way in which we collect and use your personal data.
1. WHAT INFORMATION DO WE COLLECT
Personal data, or personal information, means any information about an individual from which that person can be identified (“Personal Information”). It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer certain personal data about you that you provide to us when, for example, you:
- Register to receive our email newsletter
- Complete an online contact form
- Enter a competition or promotion
- Register to use a service which we will provide to you
We also collect other information about the use of the Website and services. Some of this we may automatically collect when you visit the Website such as what type of device or internet browser you are using (“Technical Data”). We also collect information using cookies. Cookies are small pieces of information stored on your browser which sometimes follow the movements of visitors on the Website and tell us how the Website and our services are being used, this information helps us improve your experience of the Website.
The different types of information we collect can be grouped together as follows:
- Identity Data includes but is not limited to first name, last name and date of birth
- Contact Data includes email address, telephone number and postal address
- Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes feedback and survey responses.
- Usage Data includes information about how you use our website or services such as wi-fi.
- Marketing and Communications Data includes your details and preferences in receiving marketing from us and our third parties.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
2. HOW DO WE USE YOUR INFORMATION
We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
|Type of Data
|Basis for processing
|Email newsletter providing marketing information such as news, offers and promotions
|To provide information which has been requested via an Online contact form or email query
|To manage our relationship with you including:
|For registration or participation in an event
|To enable you to enter into a prize draw or promotion
|To provide you with our public wi-fi service
|To process the sale of a gift card
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|To use data analytics and/or profiling to improve our website, services, marketing and consumer experiences
3. SHARING YOUR INFORMATION
We may share your Personal Information with our other group companies, agents and business partners acting as joint controllers or processors for the purposes set out in section 2 above of this Privacy and Cookies Policy.
We will NOT sell your Personal Information to, or otherwise share your Personal Information with, other unrelated companies unless you have given consent to do so.
4. RETAINING AND STORING YOUR INFORMATION
We will only retain 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.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
5. DATA SECURITY
We aim to maintain the reliability, accuracy, completeness and currency of personal data held by us and to protect the privacy and security of our databases. Our servers and databases are protected by industry standard security technology. Although we cannot guarantee against any loss, misuse, unauthorised disclosure, alteration or destruction of data, we take all reasonable steps to prevent this from happening.
All information you provide to us is stored on secure servers located within the European Economic Area. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect the information we store about you, we cannot guarantee the security of any information transmitted via our Website; any transmission is at your own risk. Therefore, we encourage you to take precautions to protect your information, including protecting your passwords, using secure networks to access the internet, and logging out of online services when you are away from your device.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6. YOUR RIGHTS
You may at any time, exercise the following rights in relation to your personal information:
- request a copy of the personal data we hold about you, (commonly known as a “data subject access request”). This enables you to check that we are lawfully processing it.
- request the correction or removal of any information that you believe to be inaccurate or you believe there is no good reason for us to continuing to process it.
- Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data’s accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Such requests, together with any other queries you may have in relation to your personal data, should be emailed to email@example.com
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You also have the right to withdraw consent at any time, However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. You can opt out from receiving communications at any time by following the opt-out links on any marketing message sent to you or by contacting firstname.lastname@example.org
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Cookies can either last only for the duration of your visit (using a 'session cookie') or remain on your device for repeat visits (using a 'persistent cookie'). Cookies served by us while you are on the Website are called "first party cookies". Cookies served by other companies that are not operating the Website are called “third party cookies.” So, we may allow Google to set a cookie on your browser while you visit the Website, which would be a third party cookie.
When visiting our website we will give you the option to accept cookies. You can manage cookies in your browser setting and control whether your browser will accept cookies, reject cookies or notify you each time a cookie is sent. You may elect to disable or reject cookies by adjusting your browser’s settings, but doing so may have a detrimental effect on the performance of the Website for you and your browsing experience across all sites.
You can however obtain up-to-date information about blocking and deleting cookies via these links:
- https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- https://support.apple.com/kb/PH21411 (Safari); and
- https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
THIRD PARTY COOKIES
Sometimes we use third party websites (e.g. Facebook, Twitter, YouTube) to embed photos and video content into the web pages on the Website. Pages with this embedded content may set cookies from the Website onto your device.
When you use one of the social website share buttons, a cookie may be set by the service you have chosen to share content through.
We do not control the application of these cookies, and recommend that you check the relevant third party website for more information about these before using such services.
The following table sets out the cookies that we use on the Website, what they do and why we use them.
Essential Cookies – these are essential for the Website's functionality
|What’s it for?
|This is an essential cookie that notifies us of your acceptance of cookies being used on the Website.
|This is an essential cookie for the Website to work at all and is used by default by all .NET applications. .NET is the programming language used to build the Website.
|This is an essential cookie for the Website to work and is used by the Content Management System (CMS) of the Website. The CMS is what allows us to edit the content of the Website.
|This is an essential cookie for the security of the Website. It prevents CSRF attack and is a default part of the asp.NET security protection mechanism. .NET is the programming language used to build the Website.
Performance and Optimisation Cookies
|What’s it for?
|Google Tag Manager
|_ga - google analytics
_gid - google analytics
|We use Google Analytics on the Website which anonymously tracks how visitors use and browse the Website. This gives us important information which we can use to improve the performance of the Website.
How to Opt Out of Google Analytics
|Google Double Click
|We carry out a variety of online marketing and we use Google DoubleClick to measure the effectiveness of our campaigns.
How to Opt-out of DoubleClick cookies
|We occasionally advertise The Mall at Cribbs Causeway on Google and across the Google Display Network. The Google AdWords cookie allows us to serve our users with the most relevant adverts and tells us how our adverts have performed by reporting on actions and conversions on the Website.
How to Opt Out of Google Personalised Ads
|We occasionally advertise The Mall at Cribbs Causeway on Facebook. The Facebook tracking cookie allows us to serve our users with the most relevant adverts and tells us how our adverts have performed by reporting on actions and conversions on the Website.
How to Opt Out of Facebook Personalised Ads
|Twitter Site Tag
|Exactly in the same way that we occasionally advertise The Mall at Cribbs Causeway on Google and Facebook, we may do the same on Twitter. The Twitter tracking cookie, again, allows us to serve our users with the most relevant adverts and tells us how our adverts have performed by reporting on actions and conversions on the Website.
How to Opt Out of Twitter Personalised Ads