How We Use Your Personal Information We collect, process or disclose your Personal Information for our legitimate business purposes. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests, for example: • To provide our services to Site users or to fulfill our contractual obligations. 4
• To our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
• We may disclose your Personal Information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. • • On certain pages on our Sites or blogs you may see ‘share’ or ‘social buttons’. These enable you to share or bookmark pages on our Sites and Apps. These may include buttons for: Twitter, LinkedIn, Pinterest, Facebook, Instagram or other social media platforms. In order for us to implement these buttons on our Sites and connect them to the relevant social networks and external sites, there are scripts that are executed from domains owned by third parties and outside of our control. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on our Sites. So, if you click on any of these buttons, these sites will be registering that action and may use that information. In some cases these sites will be registering the fact that you are visiting our Sites and Apps, and the specific pages you are on, even if you don’t click on the button but are already or automatically logged into their services, like Google and Facebook. We recommend that you check the respective policies of each of these sites to see how exactly they use your Personal Information and to find out how to opt out, or delete, such Personal Information if you wish to.
Promotional Communications We may use your Personal Information to send you updates, by email, text message, telephone or post, about our products and/or services, including exclusive offers, 5
promotions or new products and/or services. We have a legitimate interest in processing your Personal Information for promotional purposes (see above “How we use your Personal Information” and the 2nd paragraph below). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly. We will always treat your Personal Information with the utmost respect and never sell or share it with other 3rd party organizations (outside the Company’s group) for marketing purposes (except such sharing of Personal Information as maybe set forth in a Promotion’s official rules as noted below). We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list. Opting Out of Communications If you have subscribed to or are otherwise receiving promotional communications, news, alerts, blog posts, or similar information from us by email or texts, and no longer want to receive such information in the future, you may opt-out of receiving these emails or texts by clicking the “unsubscribe” link at the bottom of those emails you receive or typing “STOP” in texts. Please allow ample time for us to process your request. If you are having difficulty unsubscribing, please contact us at firstname.lastname@example.org and clearly write “Opt-Out -Unsubscribe” in the subject line of your email and include the details of the communications you desire to stop receiving. We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business. Please note that even if you opt-out of receiving emails, you may still receive communications related to your interaction with us (such as confirmation of a registration or form submission) or otherwise as required by law. Also note that we may need to keep Personal Information we have collected about you to respect your decision to opt-out, for record-keeping, research and other purposes. What Is the Legal Basis for Processing Your Personal Information 6
Under data protection law, we can only use your Personal Information if we have a proper reason for doing so. We rely on the following main grounds to process Personal Information of Site and App users, suppliers or other third parties: • Necessary for entering into, or performing, a contract – to perform obligations that we undertake in providing a service to you, or to take steps at your request to enter into a contract with us; • Necessary for compliance with a legal obligation – we are subject to certain legal requirements which may require us to process your Personal Information. We may also be obliged by law to disclose your Personal Information to a regulatory body or law enforcement agency; • Necessary for the purposes of Legitimate Interests – we, or a third party, will process your Personal Information for the purposes of our (or a third party's) Legitimate Interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your Personal Information protected. Our Legitimate Interests include responding to requests and enquiries from you or a third party, optimizing our Sites and Apps and customer experience, informing you about our products and services and ensuring that our operations are conducted in an appropriate and efficient manner; • Consent – in some circumstances, we may ask for your consent to process your Personal Information; • Necessary to protect the vital interests of you the data subject or of another natural person.
CHANGE OF PURPOSE We will only use your Personal Information 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at: email@example.com and clearly write “New Personal Information Processing Purpose Question” in the subject line of your email. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so or seek your consent, providing you with a clear, conspicuous and readily available mechanism for you to exercise your choice. Please note that we may process your Personal Information without your knowledge or consent where this is required or permitted by law. 7
How We Share Your Personal Information We will not sell or rent to anyone the Personal Information provided to us or obtained by us. In certain circumstances we will share your Personal Information with other parties. We share your data with other entities within the Company acting as joint controllers or processors. We do this to provide sales and marketing, IT, system administration services, product development and undertake internal reporting. We will also share your Personal Information across the Company entities to improve our customer service and to make our services more valuable to you. We also share your Personal Information with the following third parties: • Our affiliates, including companies within the Raiinmaker group; • Service providers we use to help deliver our products and/or services to you, such as payment service providers, warehouses and delivery companies; • Other third parties we use to help us run our business, such as marketing agencies or website and App hosts, cloud services or other digital platform providers, including, for example: Google Store, Apple App Store, etc.; • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers; • Credit reporting agencies; • Our insurers and brokers; • Our bank(s); • Campaign creators under promotional “Official Rules Agreements”.
We only allow our service providers to handle your Personal Information if we are satisfied that they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers to ensure they can only use your Personal Information to provide services to us and to you for specified purposes and in accordance with our instructions. We may also share Personal Information with external auditors, e.g. in relation to accreditations and the audit of our accounts. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations. 8
We also collect, use and share de-identified aggregated data such as statistical or demographic data for our legitimate business purposes. Such aggregated data is not Personal Information as this data does not directly or indirectly reveal your identity. In the preceding 12 months, we may have disclosed for a legitimate business purpose to one or more third-parties, some of the following categories of Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household: • Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers); • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information; • Characteristics of protected classifications under California or federal law; • Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies); • Biometric information; • Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement); • Geolocation data; • Audio, electronic, visual, thermal, olfactory, or similar information; • Professional or employment-related information; • Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA); and • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Where Your Personal Information is Held. Information may be held at our offices and those of our group companies, third-party agencies, service providers, representatives and agents as described above (see above: “How We Share Your Personal Information”). 9
Some of these third-parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see the Section below: “Transfers Out of the EEA”. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary: • To respond to any questions, complaints or claims made by you or on your behalf; • To show that we treated you fairly; or • To keep records required by law.
TRANSFERS OUT OF THE EEA If you are located in the European Economic Area (EEA) this may involve transferring your Personal Information outside of the EEA. Whenever we transfer your Personal Information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented. GENERAL SAFEGUARDS • We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission. For further details, see European Commission: Adequacy of the protection of Personal Information in non-EU countries. • Where we use certain service providers, we may use specific contracts or standard data protection contract clauses approved by the European Commission which give Personal Information the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of Personal Information to third countries.
Data Security Where Personal Information is requested, the Company uses industry standard physical, technical, and administrative controls to protect your Personal Information by: • Not collecting or retaining excessive amounts of data; • Protecting Personal Information from loss, misuse, unauthorized access and disclosure. Any employees, agents, contractors or third parties who are so authorized act on our instructions are subject to a duty of confidentiality; • Keeping Personal Information up to date; • Storing and destroying Personal Information securely; • Ensuring that appropriate administrative, technical and physical safeguards are in place to protect Personal Information. These measures include measures to deal with any suspected data breach; and • Regularly reviewing our information collection, storage and processing practices, including physical security measures.
While we operate to industry standards, we are also aware that the transmission of information via the internet is not completely secure. You should keep in mind that the Sites are run on third-party software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. Thus, we cannot guarantee the security of your data transmitted to our Sites and any transmission is at your own risk. 11
Types of cookies we use on our Sites include: • Session cookies: These temporary cookies expire and are automatically erased whenever you close your browser window. We may use session cookies to grant our users access to content and to enable actions such as remembering form or payment information as you are in the process of entering it. • Persistent cookies: These cookies usually have an expiration date in the distant future and remain in your browser until they expire, or you manually delete them. We may use persistent cookies to better understand usage patterns so we can improve our Sites for our users. For example, we may use a persistent cookie to associate you with your account or to remember your choices on a Site.
Third-party cookies: We may permit third-party service providers to place cookies through our Sites to provide us with better insights into the use of the Sites or user demographics or to provide relevant services to you. These third parties may collect information about a user’s online activities over time and across different websites when he or she uses our Sites. For example, we may use a third-party tool to analyze usage patterns of the Sites. Such a tool may generate a cookie to capture information about your use of a Site which the third-party provider uses to compile reports on website activity for us and to provide other related services. The third-party provider may use a portion of your IP address to identify its cookie. We do not control the use of third-party cookies or the resulting information, and we are not responsible for any actions or policies of such third parties. We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our Sites and Apps. How to Control Cookies You do not have to accept cookies and consent can be withdrawn at any time, although you may not be able to use certain features on the Sites. You can do this by activating the settings on your browser that allows you to refuse all or some cookies. Please follow the links below to helpful information for the most popular browsers: • Microsoft Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies • Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en 13
• Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Apple Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
In addition, you can exercise advertising cookie choices by visiting: • http://www.aboutads.info/choices/, • http://www.networkadvertising.org/choices/; or • http://youronlinechoices.com/.
Web Beacons As well as cookies, we use other technologies to recognize and track visitors to our Sites. A web beacon (also known as a “tracking pixel” or “clear GIF”) is a clear graphic image (typically a one-pixel tag) that is delivered through a web browser or HTML e-mail, typically in conjunction with a cookie. Web beacons allows us, for example, to monitor how users move from one page within our Sites to another, to track access to our communications, to understand whether users have come to our Sites from an online advertisement displayed on a third-party website, to measure how ads have been viewed, and to improve Site performance. To learn more about cookies and web beacons, visit www.allaboutcookies.org. “Do Not Track” Browser Settings We do not use technology that recognizes a “do-not-track” signal from your web browser, because we do not track users other than for aggregate statistical purposes. Data Retention Where we collect your Personal Information, the length of time for which we retain it depends on the type of data, the purpose for which we use that data and our accounting, regulatory and legal data retention obligations. We do not retain Personal Information in an identifiable format for longer than is necessary. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. 14
We will retain your Personal Information on our systems unless we have not had any meaningful contact with you (or, where appropriate, the company you are working for or with) for two or more years (or for such longer period as we believe in good faith that the law, statute or relevant regulators require us to preserve your data). After this period, it is likely your data will no longer be relevant for the purposes for which it was collected and we will delete or destroy it. In some circumstances we may anonymize your Personal Information (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. Children’s Privacy As noted above, our Sites and all related services are not directed to or intended for use by minors. Consistent with the requirements of the US Children’s Online Privacy Protection Act, if we learn that we have received information directly from a child under age 13 without his or her parent or legal guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use our Sites and any related services. Subsequently, we will make commercially reasonable efforts to delete such information. Your Legal Rights Under certain circumstances, by you have the right to: • Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it; • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected; • Request erasure of your Personal Information. This enables you to ask us to delete or remove personal information 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 Information where you have exercised your right to object to processing. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which we will notify to you, if applicable, at the time of your request; • Object to processing of your Personal Information 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. You also have the right to object where we are processing your Personal Information for direct marketing purposes; 15
• Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it; and/or • Request the transfer of your Personal Information to another party. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your Personal Information, or request that we transfer a copy of your Personal Information to another party, please contact us by email at: firstname.lastname@example.org and clearly write “Personal Information Request” in the subject line of your email.
NO FEE USUALLY REQUIRED You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. RIGHT TO WITHDRAW CONSENT In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please send us an email at: email@example.com – and write “Personal Information Consent Withdrawal” clearly written on the subject line of your email. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to without undue delay, unless we have another legitimate legal basis for doing so. OUR RESPONSE TIMES We try to respond to all legitimate requests within 45 days of our receipt of your written request. Occasionally it may take us longer if your request is incomplete and we need to write to you for more information or is particularly complex or you have made several requests. In these cases, we will notify you and keep you updated. INFORMATION FOR CALIFORNIA CONSUMERS 16
YOUR CALIFORNIA PRIVACY RIGHTS. Additional disclosures related to collection, use, and disclosure of Personal Information. If you are a California consumer, the California Consumer Privacy Act (“CCPA”) requires companies, as applicable, to disclose the following information with respect to our collection, use, and disclosure of Personal Information. Categories of Personal Information Collected: In the preceding 12 months, we may have collected the following categories of Personal Information: identifiers, characteristics of Protected Classifications under California or U.S. Law, professional and employment-related information, educational information, commercial information, internet and electronic network activity, inferences drawn about your preferences, and other categories of Personal Information that related to or is reasonably capable of being associated with you. For examples of precise data points we collect, please see “What Personal Information We Collect and How We Collect It” Section above. Business or Commercial purpose for collecting and using data: We collect Personal Information for business purposes described in the “How We Use Your Personal Information” Section above. Categories of Third Parties With Whom We Share Personal Information: We may share your personal information with the third parties as described in the “How We Share your Personal Information” Section above. Sale of Personal Information (as defined by the CCPA): We do not sell the Personal Information we collect. Your Consumer Rights • California consumers have the right to request access to their Personal Information, additional details about our information practices, and deletion of their Personal Information (subject to certain exceptions). California consumers also have the right to opt out of sales of Personal Information, if applicable. California consumers may make a rights request by calling us at: 1-800-219-3307 or by contacting us by email at: firstname.lastname@example.org and clearly write “California Consumer Personal Information Request” in the subject line of your email.
Once we receive your request, we may verify it by requesting information sufficient to confirm your identity. If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you choose to exercise your rights under the CCPA. 17