Version 2 – [23/03/2020]

Swan Retail Systems Ltd respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you use our services or visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
  1. Important information and who we are

    1. This privacy policy aims to give you information on how Swan Retail Systems Ltd collects and processes your personal data when you interact with us or use our website, including any data you may provide through our website, when you sign up to our newsletter or make an enquiry, purchase a service or otherwise deal with us.
    2. It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions 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.
    3. Please note that our website:
      1. is not intended for children and we do not knowingly collect data relating to children; and
      2. 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 policy of every website you visit.
  2. Who we are and how to contact us

    1. For the purpose of the data protection laws, the data controller is Swan Retail Systems Ltd, a private limited company registered in England and Wales under number 04992967. If you want to request more information about our privacy policy or information regarding data protection you should contact us using the details provided below:

FAO: David Price
Swan Retail Systems Ltd
Runnington Barn
Runnington
Wellington
Somerset, TA21 0QN.

Email: [email protected]

For information, our registered office is c/o Leigh Saxton Green LLP, Mutual House, 70 Conduit Street, London, W1S 2GF.

  1. We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your rights, please do contact the data privacy manager using the details set out above.
  2. 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.
  3. The data we collect about you

    1. 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).
    2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
      1. Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
      2. Contact Data includes billing address, delivery address, email address and telephone numbers.
      3. Financial Data includes bank account and payment card details.
      4. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
      5. 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.
      6. Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
      7. Usage Data includes information about how you use our website, products and services.
      8. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
    3. 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.
    4. 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.
    5. 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 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.
  4. How is your personal data collected?

    1. We use different methods to collect data from and about you including through:
      1. Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, messaging service, email or otherwise. This includes personal data you provide when you:
        • (a) apply for our services;
        • (b) create an account on our website;
        • (c) subscribe to our service or publications;
        • (d) request marketing to be sent to you;
        • (e) enter a competition, promotion or survey; or
        • (f) give us feedback or contact us.
      2. Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
      3. Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
        • (a) Technical Data from the following parties:
          • • analytics providers;
          • • advertising networks; and
          • • search information providers.
        • (b) Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
        • (c) Identity and Contact Data from data brokers or aggregators, including trade organisations or exhibition organisers.
        • (d) Identity and Contact Data from publicly available sources such as Companies House.
  5. How your data will be used

    1. We use information held about you to:
      1. carry out our obligations arising from any contracts entered into between you and us and provide our services;
      2. carry out feedback and research on our services; and
      3. notify you about changes to our services.
    2. We never sell your data to third parties or allow third parties to contact you without your permission.
    3. We share your data with third parties where there is a legal obligation for us to do so or we have identified a valid lawful basis as set out in the table below (please also see clause 7 below, lawful basis). We may process your personal data without your knowledge or consent where this is required or permitted by law.
    4. We have set out below in a table format, a description of all 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 in the table below.

      Purpose/Activity

      Type of data

      Lawful basis for processing including basis of legitimate interest

      To register you as a new customer

      (a) Identity

      (b) Contact

      Performance of a contract with you

      To process and deliver your order including:

      (a) Manage payments, fees and charges

      (b) Collect and recover money owed to us

      (a) Identity

      (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) Identity

      (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 enable you to complete a survey

      (a) Identity

      (b) Contact

      (c) Profile

      (d) Usage

      (e) Marketing and Communications

      (a) Performance of a contract with you

      (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

      To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

      (a) Identity

      (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) Identity

      (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 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) Identity

      (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)

  6. Marketing

    1. 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).
    2. You will 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.
    3. We strive to provide you with choices regarding certain personal data uses, namely around marketing and advertising. In particular:
      1. We will always obtain your express opt-in consent before we share your personal data with any third party for marketing purposes; and
      2. 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 your or by contacting us at any time.
    4. 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.
  7. Lawful basis for processing

    1. We only process your data (which may include providing it to a third party) where we have identified a valid lawful basis to do so. These are as follows:
      1. Contractual obligation – means processing that is necessary to comply with our obligations arising out of a contract, for example, where you have bought services from us we will use the personal data you provide to fulfil our contractual obligations e.g. taking payment /providing services.
      2. Consent – We will seek to obtain your consent to process your data outside our contractual obligations (see above) unless we have identified a Legitimate Interest (see above).
      3. Legal obligation – We may process your data where we it is necessary for us to do so to comply with the law.
      4. Legitimate Interest – means in 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 you personal data for our legitimate interests. Where we use legitimate interests we will record our decision on making this decision. We rely on legitimate interest where processing of the data we hold on you does not, in our opinion, affect your rights or freedoms and is proportionate to our interests e.g. keeping you up to date with our latest services or obtaining your feedback on our service.
  8. Third parties and sharing information

    1. We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you. We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
    2. Please see below the list which sets out the categories of recipients of personal data.
      Service providers who may receive your personal data

      IT Support Services

      Email Provider

      Mail Distributors

      Secure document disposal service

      Banks

      Online payment providers

      HR Consultants

      CRM System Provider

      Accountants

      Solicitors

      Feedback aggregators and collectors

    3. Third parties may also provide us with personal data and they should only do so where the law allows them to. Please see clause 4.3.
  9. Where your data is held

    Your data is stored by us and our processors in the UK, EEA or in a country where an adequacy decision has been made by the European Data Protection Board (EDPB) (e.g. EU-US Privacy Shield).

  10. Applications to work with us

    If you apply to work for us (directly or indirectly) in any role we may receive data about you from third parties. In addition, we will keep the details of your application and any additional information provided to us by you or others during your application so that we can keep you informed of future opportunities that you may be interested in. If you do not wish for us to keep your details for this reason, please let us know by contacting us using the details provided in this policy.

  11. Data security

    1. We have put in place appropriate security measures 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.
    2. 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.
  12. Data retention

    1. 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.
    2. 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.
    3. By law we have to keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for six years after they cease being clients.
    4. In some circumstances you can ask us to delete your data (see [your rights] below for further information).
    5. We may 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. Please see clause 3.3.
  13. Your rights

    1. Under the data protection laws your rights are:
      1. To be informed – We must make this privacy policy (sometimes referred to as a privacy notice) available to you and be transparent over how we process your data.
      2. Access – You are entitled to know what details we hold about you and why. We strive to be as open as we can be in terms of giving people access to their personal data. You can find out if we hold any of their personal data by making a formal request under the data protection laws. Such requests should be made using the contact details provided in this policy. If we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing. Our response will:
        • (a) confirm that your data is being processed;
        • (b) verify the lawfulness and the purpose of the processing;
        • (c) confirm the categories of personal data being processed;
        • (d) confirm the type of recipient to whom the personal data have been or will be disclosed; and
        • (e) let you have a copy of the data in format we deem suitable or as reasonably required by you.
      3. Erasure – This is also known as the right to be forgotten. Under data protection laws you have the right to require us to erase your personal data under specific circumstances. A request for your personal data to be deleted will be decided on a case by case basis and should be submitted in writing to the contact details provided in this policy.
      4. Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.
      5. Portability – You have the right to obtain the personal data that you have provided to us in a commonly used machine-readable format and and reuse it with a different provider.
      6. Object – You have the right to object to us processing your data in certain circumstances. You have an absolute right to stop your data being used for direct marketing, but in other circumstances we may still be allowed (or required) to process your personal data if we can show you that we have a compelling reason for doing so.
      7. Rights in relation to automated decision making and profiling – We do not use automatic decision making or profiling.
      8. Withdraw consent. Where you have given us consent to process your personal data, you can withdraw that consent at any time either by contacting us using the details set out in this policy, or by following the opt-out links in electronic messages where relevant. We do not penalise individuals who wish to withdraw consent and we act on withdrawals of consent as soon as we can.
    2. Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the data protection laws and as summarised above.
    3. If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.
  14. Changes

We keep our privacy policy under regular review and you should check back regularly to ensure you are aware of changes to it. We may display this notice to you from time to time to help ensure you are aware of its contents.