Terms and Conditions

Terms and conditions
This page and any pages it links to explains The Grumpy Whale’s terms of use. You must agree to these to use The Grumpy Whale website, products and services.

Who we are
The Grumpy Whale is a private limited company who manage all their own operations. Hot Chocolate Reykjavík is operate solely by The Grumpy Whale. The Grumpy Whale will be referred to as ‘we’ from now on and encompasses the use off hotchocolatereykjavik.com and thegrumpywhale.com. 

Using The Grumpy Whale
You agree to use The Grumpy Whale only for lawful purposes. You must also use it in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by anyone else.

We update The Grumpy Whale all the time. We can change or remove content, products or services at any time without notice.

Services and transactions
You can use The Grumpy Whale to access online services and transactions managed by The Grumpy Whale. Some services or products have their own terms and conditions which also apply - read these before you use the service or product.

Linking to The Grumpy Whale Website
We welcome and encourage other websites to link to The Grumpy Whale.

You must contact us for permission if you want to either:

-Charge your website’s users to click on a link to any page on The Grumpy Whale.
-Say your website is associated with or endorsed by The Grumpy Whale.


Linking from The Grumpy Whale
Footprints links to websites that are managed by other service providers or organisations. We do not have any control over the content on these websites.

We’re not responsible for:

The protection of any information you give to these websites
Any loss or damage that may come from your use of these websites, or any other websites they link to
You agree to release us from any claims or disputes that may come from using these websites.

You should read all terms and conditions, privacy policies and end user licences that relate to these websites before you use them.

Using The Grumpy Whale content
Most content on The Grumpy Whale is subject to copyright protection.

We make some of the content on The Grumpy Whale available through feeds for other websites and applications to use. The websites and applications that use our feeds are not our products, and they might use versions of our content that have been edited and stored for later use (‘cached’).

We do not give any guarantees, conditions or warranties about the accuracy or completeness of any content used by these products. We’re not liable for any loss or damage that may come from your use of these products.

The most up to date version of our content will always be on The Grumpy Whale.

Disclaimer
While we make every effort to keep The Grumpy Whale up to date, we do not provide any guarantees, conditions or warranties that the information will be:

  • current
  • secure
  • accurate
  • complete
  • free from bugs or viruses

We do not publish advice on Footprints. You should get professional or specialist advice before doing anything on the basis of the content.

We’re not liable for any loss or damage that may come from using Footprints. This includes:

  • any direct, indirect or consequential losses
  • any loss or damage caused by civil wrongs (‘tort’, including negligence), breach of contract or otherwise
  • the use of Footprints and any websites that are linked to or from it
  • the inability to use Footprints and any websites that are linked to or from it

This applies if the loss or damage was foreseeable, arose in the normal course of things or you advised us that it might happen.

This includes (but is not limited to) the loss of your:

  • income or revenue
  • salary, benefits or other payments
  • business
  • profits or contracts
  • opportunity
  • anticipated savings
  • data
  • goodwill or reputation
  • tangible property
  • intangible property, including loss, corruption or damage to data or any computer system
  • wasted management or office time

We may still be liable for:

  • death or personal injury arising from our negligence
  • fraudulent misrepresentation
  • any other liability which cannot be excluded or limited under applicable law
  • Requests to remove content

You can ask for content to be removed from The Grumpy Whale. We’ll remove content:

  • in order to comply with data protection legislation covering the rights and freedoms of individuals
  • if it breaches copyright laws, contains sensitive personal data or material that may be considered obscene or defamatory

Contact us to ask for content to be removed. You’ll need to send us the web address (URL) of the content and explain why you think it should be removed. We’ll reply to let you know whether we’ll remove it.

We remove content at our discretion in discussion with the department or agency responsible for it. You can still request information under the Freedom of Information Act and the Data Protection Act.

Information about you and your visits to The Grumpy Whale
We collect information about you in accordance with our privacy policy and our cookie policy. By using The Grumpy Whale, you agree to us collecting this information and confirm that any data you provide is accurate.

Virus protection
We make every effort to check and test The Grumpy Whale for viruses at every stage of production. You must make sure that the way you use The Grumpy Whale does not expose you to the risk of viruses, malicious computer code or other forms of interference which can damage your computer system.

We’re not responsible for any loss, disruption or damage to your data or computer system that might happen when you use The Grumpy Whale.

Viruses, hacking and other offences
When using The Grumpy Whale, you must not introduce viruses, trojans, worms, logic bombs or any other material that’s malicious or technologically harmful.

You must not try to gain unauthorised access to The Grumpy Whale, the server on which it’s stored or any server, computer or database connected to it.

You must not attack The Grumpy Whale in any way. This includes denial-of-service attacks.

We’ll report any attacks or attempts to gain unauthorised access to The Grumpy Whale to the relevant law enforcement authorities and share information about you with them.

Governing law
These terms and conditions are governed by and construed in accordance with the laws of Iceland.

Any dispute you have which relates to these terms and conditions, or your use of The Grumpy Whale (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of Iceland.

General
There may be legal notices elsewhere on The Grumpy Whale that relate to how you use the site.

We’re not liable if we fail to comply with these terms and conditions because of circumstances beyond our reasonable control.

We might decide not to exercise or enforce any right available to us under these terms and conditions. We can always decide to exercise or enforce that right at a later date.

Doing this once will not mean we automatically waive the right on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still apply.

Changes to these terms and conditions
Please check these terms and conditions regularly. We can update them at any time without notice.

You’ll agree to any changes if you continue to use The Grumpy Whale after the terms and conditions have been updated.

Privacy Policy

thegrumpywhale.com and hotchocolatereykjavik.com is provided by The Grumpy Whale and are referred to jointly from now on as; The Grumpy Whale.

What data we need
The personal data we collect from you includes:

  • questions, queries or feedback you leave, including your email address if you contact The Grumpy Whale
  • your email address and subscription preferences when you sign up to our email alerts
  • how you use our emails - for example whether you open them and which links you click on
  • your Internet Protocol (IP) address, and details of which version of web browser you used
  • information on how you use the site, using cookies and page tagging techniques

The legal basis for processing this data is to perform a task in the public interest that is set out in law and is statute based.

Why we need it
We use Google Analytics software to collect information about how you use then The Grumpy Whale. We do this to help make sure the site is meeting the needs of its users and to help us make improvements, for example improving site search.

Google Analytics stores information about:

  • the pages you visit on The Grumpy Whale
  • how long you spend on each The Grumpy Whale page
  • how you got to the site
  • what you click on while you’re visiting the site

We do not collect or store your personal information (for example your name or address) so this information cannot be used to identify who you are.

We also collect data in order to:

  • improve the site by monitoring how you use it
  • gather feedback to improve our services, for example our email alerts
  • respond to any feedback you send us, if you’ve asked us to
  • send email alerts to users who request them
  • allow you to access government services and make transactions
  • provide you with information about local services if you want it

What we do with your data
The data we collect may be shared with supplier organisations, other government departments, agencies and public bodies.

We will not:

  • sell or rent your data to third parties
  • share your data with third parties for marketing purposes

We will share your data if we are required to do so by law – for example, by court order, or to prevent fraud or other crime.

How long we keep your data
We will only retain your personal data for as long as:

  • it is needed for the purposes set out in this document
  • the law requires us to

In general, this means that we will only hold your personal data for a minimum of 1 year and a maximum of 7 years.

Children’s privacy protection
Our services are not designed for, or intentionally targeted at, children 16 years of age or younger. We do not intentionally collect or maintain data about anyone under the age of 16.

Where your data is processed and stored
We design, build and run our systems to make sure that your data is as safe as possible at any stage, both while it’s processed and when it’s stored.

Your personal data may, throughout the course of its processing at GDS, be transferred outside of the European Economic Area (EEA). Where this is the case, all appropriate technical and legal safeguards will be put in place to ensure that you are afforded the same level of protection as within the EEA.

How we protect your data and keep it secure
We are committed to doing all that we can to keep your data secure. We have set up systems and processes to prevent unauthorised access or disclosure of your data – for example, we protect your data using varying levels of encryption.

We also make sure that any third parties that we deal with keep all personal data they process on our behalf secure.

Your rights
You have the right to request:

  • information about how your personal data is processed
  • a copy of that personal data
  • that anything inaccurate in your personal data is corrected immediately

You can also:

  • raise an objection about how your personal data is processed
  • request that your personal data is erased if there is no longer a justification for it
  • ask that the processing of your personal data is restricted in certain circumstances

If you have any of these requests, get in contact with our Data Protection Officer.

Links to other websites
The Grumpy Whale contains links to other websites.

This privacy policy only applies to The Grumpy Whale, and doesn’t cover other websites/ organisations services and transactions that we link to. These services have their own terms and conditions and privacy policies.

Following a link to another website
If you go to another website from this one, read the privacy policy on that website to find out what it does with your information.

Following a link to The Grumpy Whale from another website;
If you come to The Grumpy Whale from another website, we may receive information from the other website. We don’t use this data. You should read the privacy policy of the website you came from to find out more about this.

Changes to this policy
We may change this privacy policy. In that case, the ‘last updated’ date at the bottom of this page will also change. Any changes to this privacy policy will apply to you and your data immediately.

If these changes affect how your personal data is processed, The Grumpy Whale will take reasonable steps to let you know.

Last updated: 06/12/2020