Blackbough's Commitment to User Data Protection
We greatly value each of our customer's individual rights to privacy. With a global presence, we continually work to observe compliance worldwide and deploy the best practices in protecting data and championing user privacy.
As we drive the business daily, we strive to ensure that the data we receive is:
- Processed lawfully, fairly and in a transparent manner
- Collected only for specified, explicit and legitimate purposes
- Adequate, relevant and limited to what is necessary
- Accurate and kept up to date
- Held only for the absolute time necessary and no longer
- Processed in a manner that ensures appropriate security of the personal data
- BLACKBOUGH SWIM (hereinafter referred to in this policy as “BLACKBOUGH”, “us”, “ours” or we”) is committed to safeguarding the privacy of our customers and users (you/your) and the Personal Information you have entrusted to us. It is important for you to understand what Personal Information we will collect, how we will use it, and who may access it.
- Personal Information means information about an identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. It includes information that you have provided to us or was collected by us from other sources. It may include details such as your name and address, age and gender, personal financial records, identification numbers including your Social Insurance Number and personal references, to the extent permitted by local laws.
- If you are an existing customer of ours, further details about how we use your Personal Information is set out in your customer contract with us. Further notices highlighting certain uses we wish to make of your Personal Information together with the ability to opt in or out of selected uses may also be provided when we collect Personal Information from you.
- Our websites may contain links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your Personal Information. Please check these policies before you submit any Personal Information to such third party websites.
Information We May Collect About You
- We will collect and process all or some of the following Personal Information about you:
Uses of Your Personal Information
- In this section, we set out the purposes for which we use Personal Information that we collect via our website and, in compliance with our obligations under European law, identify the “legal grounds” on which we rely to process the information.
We shall only collect personal information that are relevant, adequate and not excessive in relation to the purposes for which they were collected and processed, and is processing is permitted by the specific “legal grounds” set out in the European Data Protection Law. If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.
Consent: where you have consented to our use of your information
Contract performance: where your information is necessary to enter into or perform our contract with you.
Legal obligation: where we need to use your information to comply with our legal obligations, including regulatory compliance, corporate disclosures, and reportorial requirements, and pursuant to a lawful order of any court or tribunal.
Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights. These include the following:
- improving our products, brands and services;
- fulfilling internal operational requirements;
- accounting, billing and other internal administrative purposes;
- developing and facilitating a business relationship with you or an entity with which you are connected;
- providing you, or any entity with which you are connected, with customer support;
- inviting you to events, functions and providing you with updates and publications (subject to your consent, if such information is provided to you in your personal capacity); or
- identifying and informing you of our products, brands or services that may be of interest to you (subject to your consent, if such information is provided to you in your personal capacity)
Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.
- Subject to the limitations provided by applicable laws, in addition to the disclosures we have identified below, we may disclose Personal Information for the purposes we explain in this notice to our suppliers, contractors or agents.
Profiling and Automated Decision Making
- The advertisements and recommendations which we show you are chosen by analysing the Personal Information you provide to us as described in the section "Information We May Collect About You", including information about your past purchases from us, the way in which you use our products and/or services, and previous advertisements which you have clicked on. To choose advertisements which are tailored and most likely to be of interest to you, we compile and analyse information received from all our customers to gain a better understanding of your preferences from customers similar to you.
- We use similar predictive techniques to combat payment fraud, as described below:
- Otherwise, you may request that we provide information about our decision-making methodology and ask us to verify that the automated decision has been made correctly. We may reject the request, as permitted by applicable law, including when providing the information would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime but generally in these circumstances we will ask PayPal to verify that its algorithm and source data are functioning as anticipated without error or bias.
Sharing Your Personal Information (and transfers outside of the EEA)
- Sharing outside BLACKBOUGH SWIM: Personal Information may be provided to third parties, including anti-fraud organisations, legal, regulatory or law enforcement authorities in cases of suspected criminal activity or contravention of law, for the detection and prevention of fraud, or when required to satisfy the legal or regulatory requirements of governments, regulatory authorities or other self-regulatory organizations, or to comply with a court order or for the protection of our assets (for example, collection of overdue accounts).
- Sharing within BLACKBOUGH SWIM: We may share your Personal Information within the BLACKBOUGH SWIM, including locations outside of the European Economic Area where we do business, for marketing purposes, for legal and regulatory purposes, to manage credit risk and other business risks, to perform analytics, to ensure we have correct or up to date information about you (such as your current address or date of birth) and to better manage your relationship with us.
- Business sale or reorganisation: Over time, we may buy new businesses or sell some of our businesses. Accordingly, Personal Information associated with any accounts, products or services of the business being purchased or sold will be reviewed as part of the due diligence process and subsequently transferred as a business asset to the new business owner. We may also transfer Personal Information as part of a corporate reorganisation or other change in corporate control.
- Sub-contractors and agents: We may use affiliates or other companies to provide services on our behalf such as data processing, account administration, fraud prevention and detection, analytics and marketing. Such companies will be given only the Personal Information needed to perform those services and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes. We have contracts in place holding these companies to the same standards of confidentiality by which we are governed.
Where we transfer Personal Information from inside the European Economic Area (the EEA) to outside the EEA, we may be required to take specific additional measures to safeguard the relevant Personal Information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export Personal Information to these jurisdictions. In countries which have not had these approvals (see the full list here http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm), we will establish legal grounds justifying such transfer, such as EU Commission-approved model contractual clauses, or other legal grounds permitted by applicable legal requirements.
- You have the right to reasonable access to the reasons for the disclosure of your personal data to third parties.
Security of Your Personal Information
- We take all of the necessary technical and organizational security measures reasonable in the circumstances to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We use physical, electronic and procedural safeguards to protect against unauthorized use, access, modification, destruction, disclosure, loss or theft of your Personal Information in our custody or control.
- We have agreements and controls in place with third party service providers requiring that any information we provide to them must be safeguarded and used only for the purpose of providing the service we have requested the company to perform.
Security over the Internet
- No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information in accordance with data protection legislative requirements.
- All information you provide to us is stored on our or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.
However, despite all our efforts, please be aware that no security measures or systems are perfect. We cannot fully guarantee that the storage and processing of your personal information is absolutely secure. To the extent permitted by applicable laws and regulations, we shall not be liable for any damages or losses in connection with your personal information caused by force majeure or fortuitous events which shall be deemed to include, but not be limited to, the following:
(a) act of God such as floods, tornadoes earthquakes, bushfires or epidemics;(b) social event such as wars, riots or government actions;(c) any computer virus, trojan horse or other malware;(d) theft, burglary, robbery or any criminal offence in this kind, or any intrusion or illegal conduct by hackers; order;(e) any reasons which are unforeseen or beyond our reasonable control or predictability.
Retention of your Personal Information
- Our retention periods for personal data are based on business needs and legal requirements. We retain your Personal Information for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When Personal Information is no longer needed, we either irreversibly anonymise the data (and we may further retain and use the anonymised information) or securely destroy the data.
Your Rights and Contacting Us
Most of our processing is permitted by “legal grounds” other than consent (see section 2 above). In relation to Direct Marketing, we cannot use or transfer your personal information to any third party for direct marketing purposes without your prior consent. If you prefer not to receive our Direct Marketing communications and/or not have your Personal Information shared among the members of BLACKBOUGH SWIM for the purpose of marketing, you can have your name deleted from our Direct Marketing and/or shared information lists.Direct Marketing means our communication with you such as mail, telemarketing or email, using your contact information, to inform you about products and services that we think may be of interest and value to you. This does not include communications regarding products or services that you currently have, including improved ways to use the products, or additional features of the products as well as transactional information.
We will use reasonable endeavours to ensure that your Personal Information is accurate. In order to assist us with this, you should notify us of any changes to the Personal Information that you have provided to us by contacting us as set out in the “Contacting Us” section below.
If you have any questions in relation to our use of your Personal Information, you should first contact us as per the “Contacting Us” section below. To obtain access to your personal information:(a) you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;(b) we request that you be reasonably specific about the information you require; and(c) we may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.Certain instances, where applicable, may limit your right to access under applicable data privacy laws. In addition, you may only request to have access to your own personal data and not to the information relating to any another individual. This would likewise exclude any analysis made by us with respect to your personal data, i.e., inferred, derived, modeled, or business-generated data.Under certain conditions, you may have the right to require us to:(a) provide you with further details on the use we make of your information;(b) provide you with a copy of information that you have provided to us;(c) update any inaccuracies in the Personal Information we hold;(d) delete any Personal Information the we no longer have a lawful ground to use;(e) where processing is based on consent, to withdraw your consent so that we stop that particular processing;(f) object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights; and(g) restrict how we use your information whilst a complaint is being investigated.Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). If you exercise any of these rights we will check your entitlement and respond in most cases within a month.
If you have any questions or concerns about our privacy practices, the privacy of your Personal Information or you want to change your privacy preferences, please let us know.To contact the Data Protection Officer, or get in touch with him/her at firstname.lastname@example.org.
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