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Data Protection & Privacy Policy

HOW WE PROTECT YOUR DATA & PRIVACY

INTRODUCTION

Welcome to Blue Whale Spa Ltd’s (Blue Whale Spa’s) privacy and data protection policy.   

Blue Whale Spa respects your privacy and is committed to protecting your personal data.  This policy together with our Terms of Use and any other documents referred to in it, set out the basis on which any Personal Data (as defined below) we collect from you or which you provide to us will be processed by us as a result of using or interacting with our website as set out below.

Blue Whale Spa aims at all times to process and collect your data lawfully, transparently, fairly and without adversely affecting your rights as a Data Subject (as defined below).  Please read the following carefully to understand our practices and procedures.  The website we operate is: bluewhalespa.com its related domains and sub domains (Our Site), which is hosted by Cloud Flare- The Web Performance & Security Company. 

PLEASE NOTE:

By giving your consent, you are accepting and consenting to the practices described in this policy.  If you do not give your consent, please navigate away from Our Site.  

You may withdraw your consent at any time.  An explanation of your rights is set out below.  

For the purpose of the Data Protection Legislation (as defined below), the data controller is Blue Whale Spa Ltd, a limited liability company with company number 07503863 and the address Blue Whale Spa Ltd, 11 Glaisdale Drive East, Nottingham NG8 4GU. Our VAT registration is GB 118175616. 

Our nominated representative, as Data Protection Officer for the purpose of the Data Protection Legislation is Crystal Staniland. 

If you are not satisfied with any action taken by us or response given, you have the right to complain to Information Commissioner at www.ico.gov.uk,  or help line telephone number: 0303 1231113. 

DATA PROTECTION & PRIVACY POLICY FOR PURCHASES
ON OR AFTER THE 10th JUNE 2022

1. These Terms

Definitions

In this policy the following terms shall have the following meanings:

 

Data Protection Legislation: the UK GDPR and the Data Protection Act 2018.

 

Data Subject: a natural identifiable person.  

 

Personal Data/ personal data: has the meaning set out in the Data Protection Legislation, being as at the data of this policy, any data which identifies a natural person (by way of example, name, address, phone number and so on).

What this policy also covers

This policy also explains:

  • What personally identifiable information of yours is collected:
    • on Our Site, when you interact with it;
    • when you download from Our Site; 
    • when you interact with Our Site including making an enquiry.
  • What organisation is collecting the information;
  • How the information is used;
  • With whom the information may be shared;
  • What choices are available to you regarding collection, use and distribution of the information;
  • What kind of security procedures are in place to protect the loss, misuse or alteration of information under Blue Whale Spa’s control; 
  • How you can correct any inaccuracies in the information; and 
  • How you can request the information we process and store to be removed.
There are other terms that may apply to you

In addition to this policy, please refer to our Terms of Use and our Cookies Policy.  Our terms and conditions also apply when you buy products and/or services from us.

We may make changes to these terms and our website and your duty to inform us

We may update and change these terms and Our Site from time to time for a variety of reasons.  By way of examples: to reflect changes to the products and services we offer, user’s needs, regulatory or legal requirements.  Every time you wish to use or interact with Our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were updated on 09.06.2022.     

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.

Children under the age of 18

Persons under the age of 18 are not eligible to buy our goods or services and we ask that minors do not submit any personal information to us.

We will not knowingly accept any data from a person who is under the age of 18 years.

The data we collect from you

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

  • Name Data: first name, last name and title.
  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes first name, last name, billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account, payment card details and residential status over the last two years.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data 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 this website. 
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.  
  • Usage Data includes information about how you use Our Site, and our products and services.  
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

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). In addition, we do not any information about criminal convictions and offences.

If you fail to provide personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.
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 email [email protected] 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.

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 products or 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.

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 Name, Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you :
    • make an enquiry with us for a product or services;
    • enter into a contract with us for the supply of our products or services;
    • interacting with us on Facebook or Instagram;
    • request marketing to be sent to you;
    • interact with us on social media; or
    • give us feedback or contact us.

Please note: We may also record images of you on our CCTV when you visit our showroom or car park.  Your car number plate may also be recorded.  We use CCTV for the detection and prevention of crime.

  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:
    1. analytics providers such as Google based outside the UK;
    2. Social media platforms such as Meta (Facebook and Instagram) based outside of the UK; and
    3. Search providers such as Bing based outside of the UK;
  • Contact, Financial and Transaction Data from providers of technical, payment, finance and delivery services such as Hitachi Capital or Barclays Partner Finance  based in the UK.

Use of your information

We will use the data collected about you in the following ways:

  • to provide products and services to you, to perform our contract with you (which may include supplying your details to one of our finance providers and our couriers);
  • for the purposes of our warranty;
  • to provide information about our businesses, products or services which may be of interest to you when you have given us consent to contact you for marketing purposes;
  • improve the efficiency of Our Site; 
  • to develop products or services;
  • to notify you of changes to our products services; 
  • to understand our customer requirements and preferences, perform analysis and comparisons;
  • to administer and update Our Site to ensure it runs smoothly on your hardware; 
  • to offer you support in the event that you have problem or an issue with Our Site;
  • to comply with any legal or regulatory obligations we may have for example to HMRC; or 
  • where it is in our legitimate interest to do so, where we have considered and balanced any potential impact on you.  For example, where our insurers have requested that we retain information. 

Please also note that our couriers will ask for proof of your ID in order to deliver your products.

Please see further details in the table below and please also refer to our Cookie Policy.

PURPOSE / ACTIVITYTYPE OF DATALAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
To deal with your enquiry1. Name
2. Identity
3. Contact
You have given us your consent
To register you as a new customer(a) Name
(b) Contact
Performance of a contract with you
To process and deliver your order including:

(a) Manage payments, fees and charges (including finance applications)

(b) Collect and recover money owed to us
(a) Name
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey
(a) Name
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)(a) Name
(b) Contact
(c) Technical
(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
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you(a) Name
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics including Cookies) to improve our website, products/services, marketing, customer relationships and experiences(a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you(a) Name
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business).
Marketing

We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. As referred to above, we will only contact you for marketing purposes where you have given your express consent.

You may withdraw your consent at any time by contacting us at [email protected]  

Where we store your personal data
  • Although the data we collect from you is stored in the European Economic Area (“EEA”), data transferred to third parties to perform our contract with you may be transferred to third parties outside the EEA, e.g., data passed to our finance providers and payment partners, Facebook or Instagram and information sent and received on email.  By submitting Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
  • As referred to above, all information you provide to us is stored as follows: 

Our customer relationship management system Salesforce: servers are located in the UK;

Microsoft: servers are located in the UK; 

Agora Pulse which stores social media messages and comments sent to our social channels. Agora Pulse’s privacy policy can be found at:  : Trust Center | Agorapulse;

Our website servers which store web purchase data and gravity form completions on servers in the UK;

When you complete a “Contact Us” form on our website, the date is stored in Lead Pages and Zapier in the US;

Google Workspace: servers are located in Europe.

  • In addition, we use SSL (Secure Sockets Layer) technology to encrypt the data on Our Site.  The parties with whom we share your data to perform our contract with you may have different arrangements in place.  
  • We take all reasonable technical, organisation and security steps to ensure that the information you supply to us over the internet is secure.  

Data retention

How long will you use my personal data for?

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 to 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.

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

In some circumstances you can ask us to delete your data (please see your legal rights below for further information).

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. Our data retention policy is available on request.

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: 

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 
  • 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.

Please contact us at [email protected] or write to us at our registered office.

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 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 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.

Disclosure of your information

You agree that we have the right to share your Personal Data with: 

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
  • Selected third parties including:
    • Hitachi Capital, Barclays Partner Finance, business partners, our couriers, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
    • Facebook and Google for improving marketing tracking;
    • analytics and search engine providers that assist us in the improvement and optimisation of Our Site. 
  • To HMRC, regulators and other authorities.
  • To a prospective buyer or seller if we sell or buy any business or assets. 
  • If any of the shares in Blue Whale Spa are sold or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your Personal Data to comply with any legal obligation, or to enforce or apply our terms of business or terms of use, and other agreements; or to protect the rights, property, or safety of Blue Whale Spa, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction.

We use a number of external web services on Our Site to display content within our web pages and to enable us to interact with you.  For example, we use plug ins such as Google Maps and You Tube.  We also use a chat function called Olark Chat. If you use and interact with our chat function you will do subject to Olark’s terms and conditions and privacy policy which can be found at Olark Privacy Policy | Olark.  This is not an exhaustive or complete list of the services we may use, or might use in the future, when embedding content, but these are the most common.  We cannot prevent these third-party sites, or external domains, from collecting information on your usage of this embedded content. If you are not logged in to these external services then they will not know who you are but are likely to gather anonymous usage information e.g., number of views, plays, loads and so on. 

Email tracking

Some emails that we send may have tracking on so that we can tell how much traffic those emails send to Our Site.

FOR HOT TUBS PURCHASED BEFORE
10th JUNE 2022

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0115 954 8888

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