FCB Magpies ("we", "our", "us" or "FCB Magpies") is committed to protecting the privacy of all users of our website fcmagpies.com, or mobile applications (together, the "Sites"). Please read the following privacy policy that explains how we use and protect your information. We'll be the "data controller" of the information you provide to us.

1. Contact Details
If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please get in touch with us using the following details.
• By contacting our general customer services team at: support@fcmagpies.com

2. How We Collect Your Information
We collect your personal information when you interact with us or use our services, such as when you use our Sites to place an order. We also look at how visitors use our Sites, to help us improve our services and optimise customer experience.
We collect information:
• when you create an account with us or you change your account settings;
• when you place an order with us and during the order process (including for payment and order delivery and driver tracking);
• when you contact us directly via email, phone, post, message or via our chat function; and

3. Information We Collect From You
As part of our commitment to the privacy of our customers and visitors to our Sites more generally, we want to be clear about the sorts of information we will collect from you.
When you visit the Sites or make a FCB Magpies order through the Sites, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information.

We also collect information about your usage of the Sites and information about you from any messages you post to the Sites or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we record the call for training and service improvement purposes and make notes in relation to your call.
We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Sites.
We also collect technical information about your use of our services through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the service through your mobile device(s) via any FCB Magpies mobile application, through your mobile's browser or otherwise.

4. Use Of Your Information
We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.
Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:
• to enable us to provide you with access to the relevant parts of the Sites;
• to supply the services you have requested;
• to enable us to collect payment from you; and
• to contact you where necessary concerning our services, such as to resolve issues you may have with your order.
We also process your data where we have a justifiable reason for doing so— for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:
• to improve the effectiveness and quality of service that our customers can expect from us in the future;
• to tailor content that we or our third party restaurant or advertising partners display to you, for example so that we can show you restaurants which are in your area or make sure you see the advertising which is most relevant to you, based on characteristics determined by us;
• to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;
• to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Sites or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;
• to analyse your activity on the Sites so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;
• to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of FCB Magpies, restaurant partners, riders, or others (including to prevent fraud); and
• if you submit comments and feedback regarding the Sites and the services, we may use such comments and feedback on the Sites and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.
We will also analyse data about your use of our services from your location data to create profiles relating to you and for you. This means that we may make certain assumptions about what you may be interested in and use this, for example, to send you more tailored marketing communications, to present you with restaurants that we think you will prefer, or to let you know about special offers or products which we think you may be interested in (including FCB Magpies for Business). This activity is referred to as profiling. You have certain rights in relation to this type of processing. Please see 'Your Rights' section below for more information.
Where we rely on legitimate interest as a basis for processing your personal information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests. You can find out more information about these balancing tests by contacting us using the details above.
Where we are under a legal obligation to do so we may use your information to:
• create a record of your order(s);
• comply with any legal obligation or regulatory requirement to which we are subject.

5. Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that FCB Magpies services will not work correctly and you will not be able to successfully place orders. For more information about the cookies we use, please see our Cookie
Policy.

6. Direct Marketing
Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about our other products and services that may be of interest to you and we may contact you to do so by email. You can control your email marketing preferences by:
• visiting our website, www.FCB Magpies.gi or mobile application;
• clicking on "Account" (for our website this is under the drop-down menu); and
• scrolling down to "Marketing Preferences".

7. Retention Of Your Information
We will not retain your information for any longer than we think is necessary.
Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.
When determining the relevant retention periods, we will take into account factors including:
• our contractual obligations and rights in relation to the information involved;
• legal obligation(s) under applicable law to retain data for a certain period of time;
• statute of limitations under applicable law(s);
• our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);
• (potential) disputes; and
• guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information where we no longer require your information for the purposes collected.

8. Disclosure Of Your Information
The information we collect about you will be transferred to and stored on our servers located within the UK. We are very careful and transparent about who else your information is shared with.
Sharing your information with third parties:
We share your information with third party service providers. The types of third party service providers whom we share your information with includes:
• Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;
• IT service providers (including cloud providers): for the purposes of data storage and analysis;
• Restaurant partners: that you have placed your order with so that they can fulfil your order, be made aware of any food allergies you have volunteered to tell them about, resolve issues, or improve their services;
• Drivers: so they can deliver your order to you;
• Customer support partners: who will help us to resolve any issues you may have with our services; and
• Marketing and advertising partners: so that they can ensure that you see advertising which is more relevant to you and send you email marketing on our behalf.
FCB Magpies will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may also share your information:
• if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;
• in order to enforce our contractual terms with you and any other agreement;
• to protect the rights of FCB Magpies, restaurant partners, riders, or others, including to prevent fraud; and
• with such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police.
International transfers of data:
• In some cases the personal data we collect from you might be processed outside the European Economic Area ("EEA"). These countries may not have the same protections for your personal data as the EEA has. However, we are obliged to ensure that the personal data that is processed by us and our suppliers outside of the EEA is protected in the same ways as it would be if it was processed within the EEA. There are therefore certain safeguards in place when your data is processed outside of the EEA.
• We ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
1. your personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
2. we use the EU approved Standard Contractual Clauses; and
3. where your personal data is transferred to third party providers based in the US, data may be transferred to them if they have self-certified under the Privacy Shield framework in relation to the type of data being transferred, which requires them to provide similar protection to personal data shared between the EU and the US.
• Please contact us using the contact details above if you want further information on the countries to which personal data may be transferred and the specific mechanism used by us when transferring your personal data out of the EEA.

9. Security
We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.
We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

10. Your Rights
Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.
The right to be informed.
You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.

The right of access.
You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).

The right to rectification.
You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).

The right to erasure.
This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).

The right to restrict processing.
You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.

The right to data portability.
You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).

The right to lodge a complaint.
You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
The right to withdraw consent.
If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.

The right to object to processing.
You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences or disabling cookies as set out in sections 7 and 8 above.

11. Changes To Our Privacy Policy
Any changes to our privacy policy will be posted to the Sites and, where appropriate, we will notify you of the changes for example by email or push notification.
This privacy policy was last updated: 1st June 2022

Welcome to FCB Magpies.

This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you Purchase any menu products (the "Products") from our fcmagpies.com website or mobile websites and related services (each referred to as an “Website”).

Please read these Terms carefully before Purchase any Products from our Website. If you have any questions relating to these Terms, please contact support@fcmagpies.com before you place a Purchase. If you are a consumer, you have certain legal rights when you Purchase Products using our Website. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By setting up your FCB Magpies account, you confirm that you accept these Terms.

1. Information About Us
FCB Magpies.gi ("we", "us" or "FCB Magpies") is a website operated and owned by MGI Limited, incorporated and registered in Gibraltar at 30/1 Cornwall’s Lane, PO Box 1404, Gibraltar. Our Company registration number is 114684. You may contact us at support@fcmagpies.com, by phone on [office phone], or by using the instant messaging facility on our Website.

2. Purpose
Our objective is to link you to Tour Operators we partner with (“Partner Operators") and allow you to book their products (our “Service”). Where you book a product from a Partner Operator, FCB Magpies acts as an agent on behalf of that Partner Operator to conclude your Purchase from our website and to manage your experience throughout the Purchase process. Once you have placed a Purchase, you will receive a confirmation by FCB Magpies (“FCB Magpies Confirmation”) or our Partner Operator (“Partner Confirmation) depending on the Partner Operator you have selected.

3. Your Account
Before you can place Purchases for Products using our website, you need to open a FCB Magpies account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Products they book, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by contacting us at support@fcmagpies.com with your account email. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason).

4. Purchases
When you make a Purchase through our website, it needs to be accepted by us or the Partner Operator before it is confirmed. We will send you a notification if your Purchase has been accepted (the "Confirmation Notice"). The contract for the supply of any product you have booked comes into existence when we send the Confirmation Notice. You are responsible for paying for all Products booked using your account, and for complying with these Terms, even if you have booked the product for someone else.

Some Partner Operators may operate a minimum Purchase value policy. This will be displayed on our Website. All products are subject to availability.

Some products may have age restrictions or recommended fitness levels, these will also be displayed on our website. Please contact our Partner Operator prior to Purchase if you have any concerns.

FCB Magpies cannot guarantee any of the products sold by our Partner Operators.

5. Your Rights if Something is Wrong With Your Product
You have a legal right to receive products which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your Purchase. If you believe that the Products you have been sold do not comply with these legal rights, please let us know. We may provide a refund or voucher at our Partner Operators request in respect of the affected part of the Product.
Prior to processing your refund or voucher, we may take into account relevant factors including the details of the Purchase, including your account history, what happened and information from the Partner Operator.

6. Cancellation
FCB Magpies and the Partner Operator may notify you that a Purchase has been cancelled at any time. You will not be charged for any Purchases cancelled by us or the Partner Operator, and we will reimburse you for any payment already made using the same method you used to pay for your Purchase.

7. Prices, Payment and Offers
FCB Magpies may operate dynamic pricing some of the time, which means that prices of Products may change while you are browsing. Prices can also change at any time at the discretion of the Partner Operators.

No changes will affect existing confirmed Purchases unless there is an obvious pricing mistake. Nor will changes to prices affect any Purchases in process and appearing within your basket, provided you complete the Purchase within 15 minutes of creating the basket. If you do not conclude the Purchase before the 15 minute you will be redirected to the home screen of the website or app. If there is an obvious pricing mistake, we will notify you as soon as we can, and you will have the choice of confirming the Purchase at the original price or cancelling the Purchase without charge and with a full refund of any money already paid.
The total price of your Purchase will be set out on the checkout page on our website, including the prices of Products applicable Service Fees and taxes.
Payment for all Products can be made on our website by credit or debit card, or other payment method made available by FCB Magpies. Once your Purchase has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to FCB Magpies acting as agent on behalf of the Partner Operator only.
We are authorised by our Partner Operators to accept payment on their behalf and payment of the price of any Products to us will fulfil your obligation to pay the price to the Partner Operator.
Partner Operators sometimes make special offers available through our website. These are visible when you look at a Partner Operator products list. These offers are at the discretion of the Partner Operators. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed a Purchase based on the offer and we have sent the Confirmation Notice.

8. Our Responsibility for Loss or Damage That You Suffer
We are responsible to you for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or of failing to use reasonable care and skill in relation to your use of our Service. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place a Purchase.
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, as summarised at part 7 above; or for defective Products under the Consumer Protection Act 1987. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our websites.

9. Data Protection
We process your personal data in accordance with our Privacy Policy which can be found here.

10. Other Terms
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any Purchases you have placed where we have sent the Confirmation Notice. These Terms are governed by Gibraltar law and you can bring legal proceedings in relation to our Service in the Gibraltar courts.

We are required by EU law to provide this link to the EU’s online dispute resolution portal, however we do not participate in dispute resolution under this process.

FCB Magpies Terms Of Use For Website

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website fcmagpies.com (our "Site") or any website we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

1. Information About Us
FCB Magpies.gi ("we", "us" or "FCB Magpies") is a website operated and owned by MGI Limited, incorporated and registered in Gibraltar at 30/1 Cornwall’s Lane, PO Box 1404, Gibraltar. Our Company registration number is 114684. You may contact us at support@fcmagpies.com, by phone on [office phone], or by using the instant messaging facility on our Website.

2. Accessing Our Service or Our Services
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@fcmagpies.com straight away to let us know. We can deactivate your account at any time.

3. Acceptable Use
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4. Interactive Features Of Our Site
We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5. Content Standards
These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Gibraltar and in any country from which they are posted. Contributions must not:
• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Suspension And Termination
Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

8. Reliance On Information Posted
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

9. Our Site And Our Service Change Regularly
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11. Information About You And Your Visits To Our Site And Use Of Our Service
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

12. Uploading Material To Our Site And Our Service
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13. Links From Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Jurisdiction And Applicable Law
The Gibraltar courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Gibraltar.

15. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. Your Concerns
If you have any concerns about material which appears on our Service, please contact support@fcmagpies.com