Privacy

Introduction

This privacy notice applies to users of the Spotnails Ltd website (the Website). We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit the Website and tell you about your privacy rights and how the law protects you.

Important information and who we are

Controller

Spotnails Ltd is the controller and responsible for your personal data (referred to as “the Company”, “we”, “us” or “our” in this privacy notice).

We have appointed a data privacy manager (DPM) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPM using the details set out below.

Contact details

Full name of data controller: Spotnails Ltd

Name or title of DPM: Jason Quaife

Email address: Jason.quaife@spotnails.co.uk

Postal address: Spotnails Ltd, Unit 14, Pantglas Industrial Estate, Caerphilly, CF83 8DR

Telephone number: 02920 860222

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.

Purpose of this privacy notice

This privacy notice aims to give you information on how we collect and process your personal data through your use of the Website, including any data you may provide or create through using the Website.

This website is not intended for children and we do not knowingly collect data relating to anyone under the age of 16.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions or in specific circumstances when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice relates only to the Website and supplements any other notices we may send to you and is not intended to override them.

ORGANISATION

Changes to the privacy notice and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on 28 February 2020.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you

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). Information about a business is not normally personal data, although we may collect the personal data of individuals in the course of our dealings with businesses.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data which includes first name, maiden name, last name, username or similar identifier, title and job title.
  • Contact Data which includes address, email address and telephone numbers.
  • Financial Data which may include any personal bank account and payment card details that are provided to us and the results of credit checks where these are carried out on individuals.
  • Transaction Data which includes details about payments to and from you and other details of products and services you have purchased using the Website.
  • Technical Data which includes internet protocol (IP) address, your login data, 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 the Website.
  • Profile Data which includes your username and password, purchases and orders made by you or your feedback. 
  • Usage Data which includes information about how you use the Website
  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences
  • Cookies We use cookies to improve the user experience, and to gather general statistics about users of the Website. Among other things, cookies allow you to log on to the Website. We use both First Party Cookies – these are set by us and can only be read by our systems; as well as Third Party Cookies – these are by one of our approved third parties to monitor the Website and improve the user experience. For further information please see our Cookies Policy

We may 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 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.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

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 access to the Website or provide you with a service or information via the Website). In this case, we may not be able to provide the information or service in question.

How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Financial and other data through using the Website. This includes personal data you provide when you :
    • Create an account on the Website;
    • Use the Website to place or receive orders, or for any other purpose;
    • Subscribe to emails or request marketing information form us;
    • Request that any other information is sent to you;
    • Give feedback.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below
    • In the case of customers we may receive information from suppliers who use the Website
    • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
    • Information provided by credit checking agencies

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data although in limited circumstances we may get your consent before sending some direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of the ways we plan to 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. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.

Registration

Purpose for which we use your data: To register you as a new user of the Website

Type of data involved:

  • Identity
  • Contact

Our lawful basis for processing (including the basis of legitimate interest):

  • Performance of a contract with you
  • Necessary for our legitimate interests (to assist us in the delivery of a service to you)

Credit checks

Purpose for which we use your data: In the case of customers to carry out credit checks (although please note that we do not use information from the website for this purpose and where appropriate, customers will be asked to complete a separate form)

Type of data involved:

  • Identity
  • Contact 
  • Financial

Our lawful basis for processing (including the basis of legitimate interest):

  • Performance of a contract with you
  • Necessary for our legitimate interests (to assist us in the delivery of a service to you)

Commercial relationship

Purpose for which we use your data: In order to deal with our ongoing commercial relationship including the processing of orders by customers who use the Website

Type of data involved:

  • Identity
  • Contact
  • Financial
  • Transaction
  • Profile

Our lawful basis for processing (including the basis of legitimate interest):

  • Performance of a contract with you
  • Necessary for our legitimate interests (to assist us in the delivery of a service to you)

To manage our relationship with you

Purpose for which we use your data: To notify you about changes to our terms or privacy policy and to ask you to provide us with feedback

Type of data involved:

  • Identity
  • Contact
  • Profile
  • Marketing and Communications

Our lawful basis for processing (including the basis of legitimate interest):

  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to help us improve the Service)

Maintenance of our Website

Purpose for which we use your data: To maintain and update the Website and to develop additional features and functionality and improve the Website.

Type of data involved:

  • Identity
  • Contact
  • Profile
  • Comments and posts

Our lawful basis for processing (including the basis of legitimate interest):

  • Necessary for our legitimate interests (to help us improve the Service)

To administer and protect our business and the Website

Purpose for which we use your data: Troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data 

Type of data involved:

  • Identity
  • Contact
  • Technical

Our lawful basis for processing (including the basis of legitimate interest):

  • 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)
  • Necessary to comply with a legal obligation

Use of data analytics

Purpose for which we use your data: To improve the Website, products/services, and customer relationships and experiences.

Type of data involved:

  • Technical
  • Usage

Our lawful basis for processing (including the basis of legitimate interest):

  • Necessary for our legitimate interests (to assist us in the delivery of products/services through the Website and to ensure that the Website is appropriate and relevant to users)

Suggestions and recommendations

Purpose for which we use your data: To make suggestions and recommendations to you about goods or services that may be of interest to you

Type of data involved:

  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
  • Marketing and Communications

Our lawful basis for processing (including the basis of legitimate interest):

  • Necessary for our legitimate interests (to develop our products/services and grow our business)

Promotional Offers From Us

We may use your Identity, Contact, Technical, Usage and Profile 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 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 purchased goods or services from us and you have not opted out of receiving that marketing.

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

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 some parts of the Website may become inaccessible or not function properly.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. 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.

Disclosures and sharing of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions

  • Credit Checking Agencies
  • In the case of customers with our suppliers where this is necessary to fulfil an order
  • On your instruction.
  • With Third Party Providers, such as cloud computing or other IT providers.
  • With corporate affiliates, or some other legal entity that results from the merger, acquisition dissolution or reorganisation of the Company
  • To comply with regulations or other applicable laws and legitimate legal requests from law enforcing agencies.
  • To enforce our rights and for the safety of authorised users of the Website or a third party/parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

International transfers

We do not transfer your personal data outside the UK other than to countries within the European Economic Area (EEA)

Data security

All your information will be stored in an electronic form on the Spotnails IT system.We have put in place appropriate security measures, including built in encryption, 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.

Payment Security

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your financial information. We will never store your credit/debit card information on the Website. All electronic transactions you make to or receive from us will be encrypted using SSL technology via GEOTrust and will be transferred and processed by SagePay. However, you are responsible for keeping your password and user details confidential. We will not ask you for your password.

Data retention

How long will you use my personal data for?

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.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the 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.

Withdraw consent at any time where we are relying on consent to process your personal data. 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. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us

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 may 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 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.

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.

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

External Third Parties

  • Service providers acting as processors based in the UK or EEA who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.

Contacts Us

Email our DPM at jason.quaife@spotnails.co.uk