Privacy Notice

Created 14th May, 2018. Updated 22nd May, 2018

It is important that you read this privacy notice so that you are fully aware of how and why we are using your personal data.

Smooga Limited ("Smooga" or "Company" or "we" or "us) is committed to protecting your privacy and processing your personally identifiable information lawfully and with transparency.

Personally identifiable information (or "personal data" or "personal information") means any information about a person by which that individual can be identified. For example, your name, email address, physical address or telephone number.

This privacy statement for personally identifiable information held by Smooga Ltd:

  • provides an overview of how we collect and process your personal information - including any data you may provide through this website when you sign in to your client area or purchase a product/service - and explains your rights as set out in the European Union's General Data Protection Regulation (GDPR).
  • is addressed to those who are either existing or future clients of the company or authorised representatives.
  • is addressed to those who have had a business relationship with us in the past.
  • contains information about when your personal information will be passed on to other companies or subcontractors of the Company or other third parties.

 

Contents

1. Who We Are

2. The Data We Collect

3. If You Do Not Wish To Provide Your Personal Data

4. When Do We Collect Your Personal Data

5. How We Use Your Personal Data

6. Who We Share Your Personal Data With

7. International Transfers

8. Data Security

9. How Long We Keep Your Personal Data

10. Your Legal Rights

 


1. Who We Are

Smooga Ltd is a company registered in England (reg.no. 08190854) and our registered address is Angel House, Hardwick, Witney, Oxfordshire, OX29 7QE We also trade as "Smooga Kit" and "Smooga Sports".
Smooga is the controller and responsible for your personal data and we have appointed a data privacy officer who is responsible for managing any questions you may have regarding this privacy notice and any requests to exercise your legal rights under the GDPR.

Data Privacy Officer
Name: Alan Shanks
Email address: alan(at)smooga.co.uk
Postal Address: 56a Abingdon Road, Standlake, Oxon, OX29 7RQ
Telephone number: 01865 301917

We will do our utmost to deal with any concerns you may have and/or comply with any requests regarding the exercise of your legal rights but if you are not satisfied with our response you have the right to make a complaint at any time to the Information Commissioner's Office (ICO) who are the supervisory authority for data protection issues in the United Kingdom. (www.ico.org.uk)

 


2. The Data We Collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data such as first name, last name, title, and username or similar identifier.
  • Contact Data such as billing address, delivery address, email address and telephone numbers.
  • Financial Data such as bank account and payment card details.
  • 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, feedback and survey responses.
  • Usage Data includes information about how you use our website, 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 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature or page.
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.

** We do not knowingly collect data about children and would ask that anyone under the age of 16yrs who wishes to purchase through our website does so via a parent or legal guardian **

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3. If you do not wish to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods 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.

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4. When do we collect your personal data?

We may collect data from or about you either directly or indirectly through third parties, in the following ways:

Direct Contact. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, telephone, email or otherwise. This includes personal data when you:

  • buy our products or services;
  • create an account on any of our websites;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey;
  • provide feedback or reviews;
  • contact us by any means with queries, complaints etc;
  • interact with us on social media.

Indirectly, through:

  • Automated technologies. As you interact with our website we may automatically collect technical data about your equipment (PC, tablet, mobile phone etc) and browsing patterns. We collect this data by using cookies, server logs etc.
  • Technical data from analytics providers.
  • Contact, financial and transaction data from providers of technical, payment and delivery services.
  • Identity and contact data from publicly available sources.
  • When you have given a third party permission to share with us the information they hold about you.

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5. How we use your personal data

We will only use your personal data when there is a lawful basis for doing so. In summary, these are:

  • To fulfil 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.
  • When we need to comply with a legal or regulatory obligation.
  • Consent.

Of course, if you wish to change how we use your data, you’ll find details in the Your Legal Rights section below.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some products or services you have asked for.

 

Lawful basis explained

(1) Contractual obligations. We need your personal data to comply with our contractual obligations. For example, when you purchase a product from us we will need to collect your name and address details to deliver your purchase, and we may have to pass these details on to our third party delivery company.

(2) Legitimate interest. We require your data to use in a way which might reasonably be regarded as part of running our business and which does not impact your rights, freedoms or interests. In essence, our interest. We try to continually improve and grow our business and our products and services so that you can benefit from better products and a better and more secure experience when dealing with us. It helps us understand our customers and provide the highest level of service. We do not use your personal data where our interests are overridden by the impact on you (unless we have your consent or are required to by law).

(3) Legal compliance. If the law requires us to, we may be compelled to collect and process your data. For example, in matters of fraud or as part of a criminal investigation.

(4) Consent. In specific situations we will collect and process your data with your consent. For example, when you contact us with a query or a request or when you tick a box to receive email newsletters.

 

Why we use your personal data

The reasons that we use your personal data are listed below, with the type of data involved and the lawful basis for use.

To register you as a new customer.

  • Identity
  • Contact

Lawful basis (1).

To process and deliver your order. We will need to manage payments and charges or collect and recover money owed to us.

  • Identity
  • Contact
  • Financial
  • Transaction
  • Marketing and Communications

Lawful basis (1), (2).

To maintain our relationship with you. We may need to notify you of changes to either our Terms and Conditions or our Privacy Policy, to keep our records updated about you and we may ask you for a review or undertake a survey.

  • Identity
  • Contact
  • Profile
  • Marketing and Communications

Lawful basis (1), (2), (3).

To safeguard and maintain our business and this website. i.e. system maintenance, reporting and storage of data, troubleshooting, network security and the prevention of fraud.

  • Identity
  • Contact
  • Technical

Lawful basis (2), (3).

To recommend goods or services that may be of interest to you. This helps to develop our products/services and grow our business.

  • Identity
  • Contact
  • Technical
  • Usage
  • Profile

Lawful basis (2).

To enable you to complete a survey or participate in a competition or prize draw. To refine and develop our products and services and to enable our business to grow.

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and communications

Lawful basis (1), (2).

 

Marketing

We may use your Identity, Contact, Usage and Profile Data to decide which products, services or offers may be relevant or of interest to you.

We will not share your personal data for marketing purposes with any organisation outside of Smooga without your express opt-in consent.

You can request that we or third parties stop sending you marketing material at any time by contacting us (though this opt-out does not apply to personal data provided with registration, purchases 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 this website may become inaccessible or not function properly.

Data Analytics

We use Google Analytics on this website to help us continually update it and to improve your experience when visiting it. It is our understanding that only anonymous data is transferred to Google - things like device used, operating system, browser used, pages visited, time spent on each page and navigation between them. To the best of our knowledge no personally identifiable data is sent to Google.

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6. Who we share your personal data with

We may sometimes share your data with third parties and we expect all of them to respect the security of your personal data and to treat it in accordance with the law.

  • Professional advisors who may act as processors or joint controllers and who provide consultancy, banking, accounting, insurance and legal services. For example, accountants, banks, insurers and lawyers.
  • Governmental, regulatory and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. For example, HMRC, ICO and police authorities.
  • External Third Parties who provide services for us. These are listed below by name, service provided and data processed

Name, address and products purchased​

Name Service Data Processed
 Stripe  Payment Processor    Customer name, address and card information for the purpose of payment processing.
 Paypal  Payment Processor
 Square  Payment Processor
 Harrod UK  Manufacturer and Courier   Name, address and products purchased.
 Oxford Plastics  Manufacturer and Courier
 Amazon UK  Sales Facilitator  Name, address, email address and purchases.
 Google  Cloud Software and Storage  Occasional name and email address on internally shared documents
 Xero  Accounts Service  Name, products purchased
 Campaign Monitor  Email Newsletter  Name, email address.
     

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.

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7. International transfers

Some external third parties who provide services for us may transfer your personal data outside of the European Economic Area (EEA). - generally those who provide payment processing services (Paypal, Stripe and Square) who are based in the USA.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

International orders

If you are based outside the UK and place an order with us, we will transfer the personal data that we collect from you to Smooga in the UK.

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8. Data security

We have appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, or altered or disclosed.

  • We secure access to all areas of our website, not just the transactional, using SSL (Secure Socket Layer - 'https://) technology that encrypts the connection between your device and our servers.
  • Access to your personal data is password-protected, and sensitive data such as payment card information is secured and tokenised to ensure it is protected.
  • We regularly monitor our system and our network for possible vulnerabilities and attacks, and we carry out tests to identify ways to further strengthen security.
  • We limit access to your personal data to those employees, contractors or third parties who have a business need to know.
  • To prevent your personal data being lost or destroyed we regularly back up our servers and the documents and databases on our network, keeping multiple copies locally and in the cloud. Each backup is password protected and encrypted using 256 bit Advanced Encryption Standard (AES).
  • We will notify you and any applicable regulator of any suspected personal data breach as we are legally required to do so.

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9. How long we keep your personal data

Whenever we collect or process your personal data, we will only keep it for as long as is necessary for the purpose for which it was collected, 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.

At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.

Your information may be stored longer than that in encrypted backups. However, we have technical means in place to remove your PII upon restoring those backups unless otherwise legally required, e.g. in assisting a criminal investigation.

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10. Your Legal Rights

You have the right, with regard to the personally identifiable information we hold about you, to:

  • Request access to your data (aka "data subject access request"). We will provide a copy of the personal data we hold about you (in a commonly used, machine readable form) so you can check that we are lawfully processing it.
  • Request correction of the personal data we hold about you. This allows you to correct incomplete or inaccurate information we hold about you, though we may need to verify the accuracy of the new data you provide to us.
  • Request deletion of your personal data (aka "right to be forgotten"). You can ask us to delete or remove your personal data when there is no good reason for us to continue processing 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 for deletion 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 (aka "right to objection") when we do so out of legitimate interest (or that of a third party) yet you feel it affects your fundamental rights and freedoms. You also have the right to object when we are processing your personal data for direct marketing purposes. Note though, that we may have compelling legitimate reasons to process your information (important enough to override your rights and freedoms) which we will notify you of if such is the case.
  • Request restriction of processing of your personal data. You can ask us to suspend the processing of your personal data in the following cases: (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 reasons to use it.
  • Request the transfer of your personal data to yourself or a third party (aka "data portability right"). We will provide your personal data in a structured, commonly used, machine readable format to either yourself or the third party of your choice. Note that this right only applies to information which you initially gave consent for us to use or where we used the information to establish a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. Note that this will not affect the lawfulness of any processing carried out before your consent is withdrawn. If you withdraw your consent we may not be able to provide some (or any) products or services to you. We will notify you if this is the case.

If you wish to exercise any of these rights or if you have any questions about them then please contact us directly. You can either use the Contact Form on this website, This email address is being protected from spambots. You need JavaScript enabled to view it. or write to him personally.

You will not have to pay a fee to access your personal data or to exercise any of your other rights. However, if your request is clearly unfounded, persistent or excessive (aka "time-wasting") we may charge a small fee or we may decline to comply with your request.

We try to respond to all reasonable requests promptly and at the most within thirty days. If you have not received a reply from us after three weeks please contact us again, preferably using an alternative method. It may be that your request did not reach us.

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.

If you feel that we have not dealt with your request appropriately or lawfully you have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the supervisory body for data protection issues in the UK (www.ico.org.uk).

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