Spotcap privacy & cookies policy

Introduction

Spotcap UK Ltd (referred to as ‘we’, ‘our’, ‘us’) is the controller responsible for your personal data, and is bound by the Data Protection Act 1998 (‘Data Protection Act’), and the General Data Protection Regulation (GDPR) and recognises the importance of ensuring the confidentiality and security of your personal information.

All third-parties (including customers, partners, suppliers, subcontractors, or agents) that have access to, or use, personal information collected and held by us must abide by this Policy.

Copies of this Policy are available free of charge by contacting our Data Protection Officer or can be downloaded from our website www.spotcap.co.uk. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact us using the details below.

Contact details

Full name of legal entity: Spotcap UK Limited

Email address: [email protected]

Postal address: 4 Devonshire Street, London, W1W 5DT, United Kingdom.

Telephone number: +44 (0) 20 330 89 188

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO) or the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to address your concerns before you approach the ICO, so please contact us in the first instance.

In this Policy

‘Disclosing information’ means providing information to persons outside of us;
‘Personal information’ means information or an opinion relating to an individual, which can be used to identify that individual;
‘Personal data’ means data relating to an identified or identifiable natural person and can extend to online identifiers such as IP addresses and cookie identifiers.
‘Data Protection Officer’ is the contact person for questions or complaints regarding our handling of personal information;
‘Sensitive information’ is personal information that includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
‘Use of information’ means our use of information.

This Policy covers

Our data processes including what information we collect and store, how we collect and store it, and why we do so;
How we use that information including business use cases, third-party disclosure, data security and retention;
Your rights, and how to exercise them

Our data practices

The kind of personal information we collect and hold

We may collect and hold a range of information about you that is reasonably necessary for, or directly related to, one or more of our functions or activities, including personal data. Personal data 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, including:

Non-public, personal information you knowingly choose to disclose, which is
collected on an individual basis via internet, fax, phone, or mail;
Website use information collected on an aggregate basis as you and other users use our website. If you choose to correspond through email, we may retain the content of your email messages together with your email address and all responses sent through our website;
Information from credit bureaus;
Details about your activity on selected online webpages;
Information we obtain to verify representations made by you, such as your passport, bank account details, as well as organisation details;
Information about you and your organisation from public sources and other third-party affiliated and non-affiliated sources;
Information you provide through communications with us, whether in writing (including by letter or email) or on the telephone (including by way of recorded calls);
Details about specific transactions conducted in the course of your business;
Identity Data, includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender;
Contact Data, includes billing address, delivery address, email address and telephone numbers;
Financial Data, includes bank account and payment card details, tax relevant data and data from company annual accounts;
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 website, products and services; and
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. However, if we combine or connect aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

How we collect personal information

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

Direct Interaction

We generally collect personal information directly from you. For example, personal information will be collected through our application processes, forms and other interactions with you in the course of providing you with our products and services, including when you visit our website, call us or send us correspondence. You may give us your 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:

Apply for our products or services;
Create an account on our website;
Subscribe to our service or publications;
Request marketing to be sent to you;
Enter a competition, promotion or survey; or
Give us some feedback.

Third-parties or publicly available sources

We may also collect personal information about you from a third-party, including, but not limited to, banks and non-bank financial institutions, credit agencies, governmental agencies, marketing agencies. If so, we will take reasonable steps to ensure that you are made aware of this Policy. This includes various types of third-parties and public sources as set out below:

Technical Data from

• (a) Analytics providers;

• (b) Advertising networks; and

• (c) Search information providers.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services;

• Identity and Contact Data from data brokers or aggregators;

• Identity and Contact Data from publicly available sources.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites using our cookies. Please see the paragraph about cookies for further details by clicking here.

If you wish to have further information about our use of third-parties and personal data, please contact us for a list of third-parties used by us. We do not collect any Special Categories of Personal Data about you. This also 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.

Unsolicited personal information

We may receive unsolicited personal information about you. We destroy or de-identify all unsolicited personal information we receive unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.

About whom we collect personal information

The personal information we may collect and hold, includes (but is not limited to) personal information about the following individuals:

Customers;
Potential customers;
Visitors to our website; and
Service providers or suppliers.

Why we collect personal information

We will only use your personal data when the law allows us to. Most commonly, we collect and hold personal information about you so that we may:

Perform the contract we are about to enter into or have entered into with you provide you with our products and services;
Where it is necessary for our legitimate interests and your interests and where fundamental rights do not override those interests; and
Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Cookies and other data collection tools

We use cookies, which are small data files often stored on your device when you browse the web. They are widely used to make websites work more efficiently, and to provide a more personalised online experience. Although cookies can identify your browser, the process is anonymised, meaning no personal information about you is captured.

We use cookies to better understand how you are using our services and to keep track of your preferences, such as the region you are in. We leverage this information to improve your user experience by providing personalised features, and to optimise our advertising and marketing efforts.

We also use retargeting technology which means that we can tailor our online marketing (e.g banner ads) on the websites of our online marketing partners, which include Google Adwords, to better suit your needs. This process is also enabled by cookies. If you want to learn more about what cookies Spotcap uses, please click here.

If you don’t want Spotcap or its online marketing partners to use cookies to collect, store and analyse data related to your usage of our website to provide a more personalised experience, you can opt-out at any time by installing an opt-out cookie on your browser. Please remember that the opt-out cookie will only be applied to the browser you are using when you install it. If you use a different device or browser, you will need to install the opt-out cookie again.

Find out how to Install an opt-out cookie

Spotcap also uses Google Analytics, which is a web analysis service provided to us by Google which gives us a more holistic understanding of how you use our website and services. Google Analytics collects information about our users in an anonymised manner.

Google may use the data collected on our website to personalise ads from its own network. Google’s usage of this data is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. If you want to opt-out of this process, you can do so here.

For more information about Spotcap’s use of cookies and our approach to data protection, please read our Privacy Policy or contact our data protection officer at [email protected].

Browser controls and managing cookies

Each browser provides tools to help you handle cookies, whether you want to accept them, reject them or delete them entirely. You can typically access these settings through the ‘preferences’ or ‘options’ menu of your browser. We have provided links to the settings pages of some common browsers below:

Children online privacy protection act

We do not knowingly solicit data from or knowingly market to individuals under the age of 18. Concerned parents can use readily available software packages to prevent children from accessing websites they deem as inappropriate.

If you fail to provide personal data

If you do not provide us with the personal information we request, we may not be able to perform the contract we have or are trying to enter into with you and to provide you with our 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.

We do not give you the option of dealing with us anonymously or using a pseudonym if you intend to enter into a business relationship with us. This is due to anti-money-laundering provisions which make it illegal for us to deal with individuals who are not identified and our principle to know our clients very well.

How we use your information

Purposes for which we will use your personal data:

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. The legal grounds for processing are laid out in article 6 of the GDPR. 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 partake in a prize draw, competition or 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	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.

Public Relations

In the case of journalists and influencers, we collect and store contact details for the following purposes:

To share press releases and corporate news
To provide commentary from spokespeople on relevant topics and events
To arrange meetings, or interviews with spokespeople
To share invitations to events, webinars, or to participate in campaigns

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and we call this marketing.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have provided us with the necessary consent or you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Spotcap group of companies for marketing purposes.

Opting out

You can ask us or third-parties to stop sending you marketing messages at any time by contacting us.

Where you opt out of receiving e.g. marketing messages, this will not apply to personal data provided to us as a result of entering into a credit line agreement with us.

Change of purpose

We may use and disclose your personal information for any of the purposes named above. We may also use and disclose your personal information for secondary purposes which we reasonably consider when we need to use it for another reason and ensure that the reason is compatible with the original purpose, or in other circumstances authorised by data protection regulation. 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.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

To whom we disclose personal information

Unless expressly specified with regard to specific information that we collect from you, we may disclose personal information to:

A related entity of us;
An agent, professional advisor or service provider we engage to carry out our functions and activities (such as, but not limited to, lawyers, accountants, IT contractors, marketing companies);
Organisations involved in a transfer or sale of our assets or business;
Financial institutions involved in managing our payments, such as banks;
Regulatory bodies, government agencies, law enforcement bodies and courts;
Anyone whom you authorise us to disclose it; and
Third-parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.

If we disclose your personal information to service providers that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it. We will ensure that all contractual arrangements with third-parties adequately address privacy issues and will make third-parties aware of this Policy. We require all third-parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Credit reporting body

We collect, hold and use, information related to your commercial and consumer creditworthiness from Equifax Limited, a credit reporting body, for all purposes permitted by law. We also disclose information to them. This activity is conducted for the purpose of assessing your credit capacity, eligibility or history in connection with an application, collecting payments from you, and managing our credit relationship. Creditworthiness information includes information that is both positive (like payment information) and negative (like defaults or serious credit infringements that we may disclose to credit reporting bodies if you fail to pay us).

Fair Processing Notices for the purpose of fraud prevention and detection

General

Before we provide services, goods or financing to you, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process personal data about you.
The personal data you have provided, we have collected from you, or we have received from third-parties will be will be used to prevent fraud and money laundering, and to verify your identity.
Details of the personal information that will be processed, for example: name, address, date of birth, address, contact details, financial information, employment details, device identifiers including IP address and vehicle details.
We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.

Automated decisions

As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering risk or if our processing reveals your behaviour to be consistent with that of known fraudsters or money launderers; or is inconsistent with your previous submissions; or you appear to have deliberately hidden your true identity. You have rights in relation to automated decision making: if you want to know more please contact us using the details provided.

Consequences of processing

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services and financing you have requested, or to employ you, or we may stop providing existing services to you.
A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details provided.

Data transfers

Whenever fraud prevention agencies transfer your personal data outside of the European Economic Area, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the European Economic Area. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.

Your rights

Your personal data is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected; request access to your personal data.
For more information or to exercise your data protection rights, please contact us using the contact details above.
You also have a right to complain to the Information Commissioner’s Office which regulates the processing of personal data.

Your personal data is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected; request access to your personal data.

For more information or to exercise your data protection rights, please contact us using the contact details.

You also have a right to complain to the Information Commissioner’s Office which regulates the processing of personal data.

Sending information overseas

Whenever we transfer your personal data 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:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
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.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Management of personal information

We recognise the importance of securing the personal information of our customers. We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure.

Your personal information is generally stored in our computer database. Any paper files are stored in secure areas. In relation to information that is held on our computer database, we apply the following guidelines:

Passwords are required to access the system and passwords are routinely checked;
Data ownership is clearly defined;
We change employees’ access capabilities when they are assigned to a new position;
Employees have restricted access to certain sections of the system;
The system automatically logs and reviews all unauthorised access attempts;
Unauthorised employees are barred from updating and editing personal information;
All computers which contain personal information are secured both physically and electronically;
Data is encrypted during transmission over the network; and
Print reporting of data containing personal information is limited.

Data security

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.

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.

Data retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

You can request the details of retention periods for different aspects of your personal data by contacting us.

Your rights, and how to exercise them

Your legal rights

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

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third-party. We will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

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

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.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Updates to your personal information

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.

Our responsibilities

It is the responsibility of management to inform employees and other relevant third-parties about this Policy. Management must ensure that employees and other relevant third-parties are advised of any changes to this Policy. All new employees are to be provided with timely and appropriate access to this Policy, and all employees are provided with training in relation to appropriate handling of personal information. Employees or other relevant third-parties that do not comply with this Policy may be subject to disciplinary action.

Contacting us

If you have any questions about this Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by:

Full name of legal entity: Spotcap UK Limited

Email address: [email protected]

Postal address: 4 Devonshire Street, London, W1W 5DT, United Kingdom.

Telephone number: +44 (0) 20 330 89 188

Updates to this policy

This Policy was last updated on 8th June 2018 and will be reviewed regularly to take account of new laws and technology, and changes to our operations and the business environment.