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Who we are and what these terms and conditions do
These terms and conditions ("Terms") describe the basis upon which you may use the Goldster platform ("Goldster Platform"). The Goldster Platform is made available to you for use on our website www.goldster.co.uk. Your use of our website when accessing the Goldster Platform is subject to our Website Terms and Conditions.
Goldster is operated and provided to you by:
Goldster and Care Visions will be referred to as "we", "us", "our" in these Terms.
We specialises in the delivery of therapeutic and non-pharmacological intervention services for older people.. Our services consist of programs designed to provide non-pharmacological interventions in the form of therapies and activities for various stages and symptoms of ageing. Interventions offered as part of the programs typically include, but are not limited to, cognitive stimulation, reminiscence therapy, physical exercise, reality orientation, music therapy, art therapy, multisensory stimulation, massage, aromatherapy, validation therapy, , meditation and gardening therapy. These services are provided both in person (on a one-to-one basis at a service user's home, or in a group setting), and remotely through video link and pre-recorded video content. We may add to or cease providing any of these services at any point.
Licence to use the Goldster Platform
Subject to these Terms, we license you to use the Goldster Platform and any updates or supplements to it. You will be entitled to make use of the services made available through the Goldster Platform ("Services"). These Services may consist of, but are not limited to:
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Goldster Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Support for the Goldster Platform and how to tell us about problems
How you may use the Goldster Platform
In return for your agreeing to comply with these Terms you may access, view and use the Goldster Platform and any Services on our website through your internet browser. This may be done on a desktop, handheld or other mobile device capable of accessing the internet, and which meets the minimum technical requirements to utilise our Goldster Platform. You may only use the Goldster Platform and Services for your personal purposes.
You must be 18 to accept these terms and use the Goldster Platform
You must be 18 or over to accept these terms and use the Goldster Platform.
You may not transfer the Goldster Platform to someone else
We are giving you personally the right to use the Goldster Platform. This includes your use of the Goldster Platform for the benefit of someone to whom you provide care, or for whom you are responsible (e.g. where you have been granted a power of attorney by someone). You may not transfer the use of the Goldster Platform to someone else, whether for money, for anything else or for free.
You must keep your account details safe
We will collect information from you in order to register you (or the individual who you are responsible for or providing care to) for the Goldster Platform. This may involve the creation of an account which is personal to you (or the individual you are responsible for). Such an account may involve issuing you with a unique identification reference, or the creation of a unique login and/or password.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at email@example.com
Changes to these terms
We may need to change these Terms to reflect changes to our services, our users' needs and our business priorities or as may be required by law or best practice.
We will give you notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes, depending on the nature of the change you may be permitted to continue to use the App in accordance with the existing terms but certain new features may not be available to you or at our sole discretion we may notify you that you will not be permitted to continue to use the Goldster Platform.
Update to the Goldster Platform
From time to time we may automatically update the Goldster Platform to upload, update or remove content or materials available on the Goldster Platform, to update or amend the Services available through the Goldster Platform, improve performance, enhance functionality or address security issues.
If someone else owns the phone or device you are using
If you access, view or use the Goldster Platform on any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
We may collect technical data about your device
We are not responsible for other websites you link to
The Goldster Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Your contract with us
The prerequisite for the use of the Goldster Platform (including any service packages subject to cost and/or free trial offers or other services) is that you (or the person for whom you are responsible) register your details with us. We can offer free trials of content and/or Services on the Goldster Platform during a trial period either in the form of independent offers or upon free registration, or in combination with the purchase of a paid service package. Irrespective of any agreements or terms and conditions providing otherwise, there is no entitlement to a free trial.
When we confirm your registration with us (for example, where you complete the creation of a user account for use of the Goldster Platform) you will have entered into a contract with us for the provision of services. You will also be deemed to have entered into a contract with us where we accept payment from you in exchange for the provision of services to you (e.g. a paid Services package) or where we activate an unpaid service, feature, trial or other offer for you.
You understand and agree that any sums charge by us to you will include value added tax at the prevailing rate when such charge is made. We will send you invoices for payments made by you electronically to the email address provided by you when you registered with us (or any subsequent email address provided by you to us which we acknowledged).
If payment in one complete sum for a certain period has been agreed, the total sum shall be due at the beginning of that period, unless agreed otherwise. For the rest, the agreed fees shall be due immediately, unless agreed otherwise.
If we have agreed to charge you monthly for a particular Service, then the agreed monthly amounts shall be debited from the bank account, debit / credit card, or other payment method that was used by you when we accepted payment from you. Where you agree to pay by direct debit, you (or the person for whom you are responsible) authorise us to collect payments owed by you from the account nominated at the time when you provide us with your direct debit instruction / authorisation.
If you (or the person for whom you are responsible) fail to pay us when payment is due, we will have the right to block your access to the Goldster Platform temporarily until the owed payment is received, after giving prior warning and without prejudice to any rights you may have under law. In this case, the term of the contract entered into between us shall remain unaffected by the temporary block.
We reserve the right to withold or suspend your access to the Goldster Platform in the event of any delay or failure to pay any sums due to us under these Terms.
Expiry or termination of our contract with you
The term of the contract between us for the operation of your account will be for the duration of the account, and will end either when you close the account, or where we close or terminate the account (whichever is earlier).
The term of the contract between us for a paid service that you have purchased will be the agreed period of the service being provided to you. Following the expiry of the agreed period, the contract between us will automatically renew for subsequent term that is equal to the initially agreed period. You have the right to cancel the services being provided by terminating your contract with us at least one month prior to the expiry of the term (or renewed term).
Notwithstanding the above, where you have availed of an unpaid trial of our services, we or you may terminate the contract any time prior to the expiry of the trial period, in which case any paid service packaged purchased by you in conjunction with the unpaid trail will also terminate (i.e. the paid for service package due to commence at the expiry of the unpaid trial will not commence). HOWEVER, WHERE YOU DO NOT TERMINATE THE CONTRACT PRIOR TO THE EXPIRY OF THE TRIAL PERIOD, ANY PAID SERVICE THAT YOU HAVE PURCHASED IN CONJUNCTION WITH THE UNPAID TRIAL SHALL BE DEEMED TO HAVE COMMENCED ON THE DAY FOLLOWING THE EXPIRY OF THE TRIAL PERIOD, AND THE TERM AND TERMINATION OF SUCH CONTRACT (FOR THE PAID SERVICE) WILL BE SUBJECT TO THE PARAGRAPH ABOVE.
You can terminate a contract with us online by using the relevant feature for this purpose on your account, or by contacting us on the details below:
You agree that you will:
Acceptable use restrictions
Intellectual property rights
All intellectual property rights in the Goldster Platform and the Services throughout the world belong to us (or our licensors) and the rights in the Goldster Platform and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Goldster Platform or the Services other than the right to use them in accordance with these Terms.
Our responsibility for loss or damage suffered by you
You agree and acknowledge that your use of the Goldster Platform, including the information or Services provided through it, is at your own risk, To the fullest extent permitted by law, we expressly exclude:
which may arise as a result of your use (or the use by someone for whom you are responsible) of the Goldster Platform, or any information, Services or other content and materials available on the Goldster Platform.
Subject to the above, we are responsible to you only for foreseeable loss and damage caused by us, provided the loss or damage has not arisen due to you (or the person for whom you are responsible) breaching these Terms. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
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.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The Goldster Platform and Services are for domestic and private use. If you use the Goldster Platform or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Safety warning and disclaimer
Although we make reasonable efforts to update the information and Services provided by the Goldster Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
While every effort is taken to ensure the content, materials, information and Services provided on the Goldster Platform are accurate, we and our group companies and affiliates, and their directors, employees, contracted companies, contractors, expert panel members, peer reviewers, presenters, guest speakers and third-party suppliers are not responsible for, and shall have no liability for, the scientific accuracy or validity of any written, audio, video or live content, advice, information, Services or other materials provided.
Please also be aware that whilst we have engaged presenters, experts and other individuals to present or provide information, Services, content and materials on the Goldster Platform, their views and opinions are entirely their own, and may not reflect the views, opinions and values of Goldster or Care Visions.
Please back-up content and data used with the Goldster Platform. We recommend that you back up any content and data used in connection with the Goldster Platform, to protect yourself in case of problems with the Goldster Platform or the Services.
Check that the Goldster Platform and the Services are suitable for you. The Goldster Platform has not been developed to meet your individual requirements. Please check that the facilities and functions of the Goldster Platform meet your requirements.
We are not responsible for events outside our control. We are not responsible or liable if our provision of the Goldster Platform or the Services is affected or delayed by an event outside our control.
We may end your rights to use the Goldster Platform if you break these Terms
We may end your rights to use the Goldster Platform and/or the Services at any time by contacting you if you have breached these Terms. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Goldster Platform and/or the Services:
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These Terms, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Scotland, you may also bring proceedings in Scotland, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident of England and Wales, you may also bring proceedings in England and Wales.
This Goldster Platform is intended for use primarily in the United Kingdom. However, the Goldster Platform is also available in other countries around the world, and where you access the Goldster Platform from a country outside the United Kingdom, your use of the Goldster Platform may be subject to the laws of that country.
Last updated: 3 March 2021
Goldster is the data controller in relation to your personal data.
This website, and the services we offer, are not intended for children. We do not knowingly collect data about children. If you become aware that we may have been given data about a child, please contact us as soon as possible.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including thorough:
Care Visions may supplement the information that you provide to us, or which we are given, with information that we receive or obtain from other sources, such as from our professional advisors, partners, and agents of Care Visions, third parties with whom we interact, and publically available sources.
We have set out below, in table format, a description of all the ways we plan to use your personal data and which legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Please 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. Please contact us if you need further details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing, including any legitimate interests pursued
Service users, and people responsible for them
Personal data related to current and prospective service users (and individuals who are responsible for them, such as caregivers) is collected and processed so that we can provide service users with the courses, services and products that they have subscribed for. Our courses and services currently consist of programs designed to provide therapeutic and non-pharmacological interventions in the form of therapies and activities for various stages and symptoms of dementia (i.e. cognitive stimulation, reminiscence therapy, physical exercise, reality orientation, music and art therapy, multisensory stimulation, massage, aromatherapy, validation therapy, food therapy, meditation and gardening therapy). These courses and services are delivered on a one-to-one basis, in groups, and remotely via live video or pre-recorded video content.
We also liaise with caregivers and people who have responsibility for a service user to keep them updated about a service user's treatment and progression.
We process health information about our service users so that we can determine the most suitable courses, services and products for them, and so that we can deal with any medical emergencies whilst a service user is availing of any of our services in person (e.g. when one of our therapists delivers services at a service user's home, or where a service user is participating in a group session).
We will also process the data of service users and those responsible for them (e.g. caregivers) for the purposes of (a) managing any payments, fees and charges, and (b) collecting and recovering money owed to us.
· Personal Descriptors
· Image and Video
· Performance of our contract with you.
· Explicit consent (health data).
· Where necessary to protect vital interests (in the event of a medical emergency).
· Necessary for our legitimate interests (to recover debts due to us).
To manage our relationship with you which may include:
(a) communicating with you;
(c) asking you to leave a review or take a survey.
· Marketing and Communications
· Necessary to comply with a legal obligation.
· Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
Research, innovation, feedback and promotion
We may process your personal data for research and development, feedback and promotional purposes (e.g. conducting research into the effectiveness of our services in treating dementia, conducting feedback sessions and projects, publishing articles and findings based on our research, and compiling case studies of service users).
We may from time to time also process images and video footage of service users for research and development, feedback, and promotional purposes (e.g. images and video content taken for inclusion in awareness and publicity materials).
Service users will not be identifiable in any final material or research findings that we publish, any case studies we compile, or in any promotional material, unless we have obtained their explicit consent for this purpose.
· Explicit consent (when we process data about health, race/ethnicity, or sexual orientation; where a service user agrees to be identified in any research, case studies or promotional materials we publish where such identification would reveal information about their health, ethnicity/race or sexual orientation).
· Consent (where we rely on an individual's consent for their participation in one of our feedback or research projects; images and videos of service users used for research development or promotional purposes).
· Necessary for our legitimate interests (to conduct research and development, and to promote our business).
We process information about you when you use our App. Our App is designed to provide information and videos to caregivers that assist them in doing therapeutic activities with individuals suffering from dementia, both in their home and in a nursing or care home setting.
· Marketing and Communication
· Consent (where you use the app to opt-in to receive updates and promotional materials form us).
· Necessary for our legitimate interests (keeping you informed of our products and services, and developing our business).
Collaborating with us
We may process your information where you collaborate with us (e.g. where you contribute towards courses or services provided by us (or which you jointly provide with us), or where you peer review our research and publications.
· Necessary for our legitimate interests (to allow you to collaborate with us, where there is no formal contract between you and us).
To administer and protect our business, this website and our apps (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
(g) Marketing and Communication
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise);
(b) Necessary to comply with a legal obligation.
Website, online and app advertising
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
(e) Marketing and Communication
Necessary for our legitimate interests (to study how service users use our products/services, to develop them, to keep our website and apps updated and relevant, to develop our business and to inform our marketing strategy).
Improving our website, apps and products/services
To use data analytics to improve our website, apps, products and services, marketing, customer relationships and experiences.
Necessary for our legitimate interests (to define types of service users for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
Keeping you informed
To make suggestions and recommendations to you about products and services that may be of interest to you or someone for someone for whom you are a caregiver.
(e) Marketing and Communications
(a) Consent (where you have opted-in to receive updates and promotional materials form us, for example, on our website).
(b) Necessary for our legitimate interests (to develop our products/services and grow our business).
We may use your Identity Data, Technical Data, Usage Data and Marketing and Communication Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which updates, products, services and offers may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have requested information from us, or subscribed to or purchased products or services from us and you have not opted-out of receiving that marketing. Alternatively, you may receive marketing communications where you have specifically opted-in to receive these (for example, by signing up for updates or newsletters on our website, or by signing up whilst using our apps).
You can ask us to stop sending you marketing at any time by clicking "unsubscribe" on any email marketing sent to you, by changing your preferences in our apps, or alternatively by contacting our Data Protection Manager on the details below.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Change of purpose
We will only process your personal data for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data with the third parties set out below for the purposes set out in the table at section 4 (Purposes for which we use your personal data) above:
We may transfer your personal data to controllers or processors located outside of the United Kingdom and/or the European Economic Area (EEA). This is primarily to allow us to receive IT services (e.g. cloud storage services, email/webmail services and customer relationship management services) from vendors located in non-UK or non-EEA jurisdictions. However, we will only transfer your personal data to a vendor in a non-UK or non-EEA country where:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.
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, regulatory, tax, accounting or other requirements.
When we no longer need to use your personal data, we will remove it from our systems and records, and or take steps to anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations we are subject to).
In some circumstances you can ask us to delete your data (please see "Your legal rights" below for further information).
Under data protection law, you have certain rights in relation to your personal data:
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
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 access someone else's personal data on their behalf (or to exercise any of the 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.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could 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.
Data Privacy Manager
Care Visions Healthy Ageing
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would however appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
To help Care Visions keep accurate information, you must tell the Data Privacy Manager about changes to information or personal details relating to you, or to someone for whom you are exercising responsibility, in particular, any changes to contact or financial details. If you know that Care Visions holds any personal details about you, or someone for whom you exercise responsibility, that are out of date or inaccurate, you must tell Care Visions as soon as possible.