SPELFIE LIMITED is a company incorporated and registered in Scotland with company number SC575621 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Spelfie).
This is the privacy notice for Spelfie. Reference to “we”, “us” or “our” in this privacy notice is a reference to Spelfie.
Spelfie is a wholly owned subsidiary of Tripsology Limited (being a company incorporated and registered in Scotland with company number SC422229 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Tripsology)). Spelfie and Tripsology are together referred to as the “Tripsology Group”.
Our products are:
- the “Spelfie” mobile application software operated by Spelfie (Spelfie App)
- the website at www.spelfie.com operated by Spelfie (Spelfie Website)
This privacy notice will inform you as to how we look after your personal data when you use the Products and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
WHO IS THE DATA CONTROLLER?
Spelfie is a data controller.
DATA PROTECTION OFFICER
Spelfie has appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your rights, please contact the DPO using the details set out below.
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Spelfie collects and processes your personal data through your use of the Products, including (without limitation) any data you may provide when you set up an account, use or purchase a Product or take part in a competition.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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.
The Products are not intended for individuals aged under 13 years of age. If you believe we have personal data about or collected information from a child under 13 years of age then please contact us.
If you are aged 13 years of age or older but under 18 years of age then please see our child friendly Privacy Notice .
Our full details are:
Full name and corporate details of Spelfie (see above)
Name or title of DPO: Mr Christopher Newlands
Email address: email@example.com
Postal address: 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom
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). You may also be able to your local data protection regulator. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or you local data protection regulator so please contact us in the first instance.
We have a data protection representative in the European Economic Area (PrighterGDPR-Rep by Maetzler Rechtsanwalts GmbH & Co KG, Vienna, Austria) responsible for EU GDPR which can be contacted at: https://gdpr-rep.eu/q/17948166872.
YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal data we hold about you is accurate and current. Please keep Spelfie informed if your personal data changes during your relationship with us.
The Products 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 notices or statements. When you leave the Products, you are recommended to read the privacy notice of every website and application you visit.
2. THE DATA WE COLLECT ABOUT YOU
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 (i.e. anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, date of birth/age, photos and personal appearance.
- Contact Data includes email address and phone number.
- Technical Data includes mobile device ID, 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 information on the devices you use to access the Products.
- Profile Data includesyour username and password, your location, preferences, feedback and survey responses.
- Usage Data includes information about how you use the Products.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Spelfie Sponsor Contact Data: includes first name, last name, email address and phone number.
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 feature of the Products. 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.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We do not knowingly collect personal information from children under the age of 13. Our Products are for a general audience and are not specifically targeted to or intended for use by children.
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 the Products). In this case, we may have to cancel the Products you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity Data and Contact Data by filling in forms or by corresponding with us by email or otherwise. This includes personal data you provide when you:
- apply for our Products or request information in respect of our Products;
- create an account on our Products;
- request marketing to be sent to you;
- have a query or are requesting support in respect of our Products;
- enter a competition, promotion or survey; or
- give us some feedback.
- Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Technical Data from the following parties:
(a) analytics providers such as Google, Facebook and Twitter based outside and/or inside the United Kingdom (“UK”) and European Union (“EU”);
(b) advertising networks such as Google Adwords, Facebook, Twitter and Instagram based outside and/or inside the UK and EU; and
(c) search information providers such as Google, Bing, Yahoo, Yandex and Baidu based outside and/or inside the UK and EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
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. Please Contact us using the details set out above 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 user and open an account via the Spelfie App||(a) Identity Data (b) Contact Data||Performance of a contract with you|
|To process and deliver your order of the Spelfie App and provide you with support for the Products including updates||(a) Identity Data (b) Contact Data (c) Technical Data (d) Marketing and Communications Data||(a) Performance of a contract with you (b) Necessary for our legitimate interests |
|To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice (b) Asking you to leave a review or take a survey||(a) Identity Data (b) Contact Data (c) Profile Data (d) Marketing and Communications Data||(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 our users use the Products)|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data (e) Marketing and Communications Data||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how our users use the Products, to develop them and grow our business)|
|To administer and protect our business and the Products (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity Data (b) Contact Data (c) Technical Data||(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 content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data (e) Marketing and Communications Data (f) Technical Data||Necessary for our legitimate interests (to study how users use the Products, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve the Products, marketing, customer relationships and experiences||(a) Technical Data (b) Usage Data||Necessary for our legitimate interests (to define types of users for the Products, to keep the Products 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 Data (b) Contact Data (c) Technical Data (d) Usage Data (e) Profile Data||Necessary for our legitimate interests (to develop the Products and grow our business)|
|To contact you in respect of your sponsorship enquiry and, if you (or your organisation) become a client of Spelfie, log you as a client (or client contact) in Spelfie’s CRM system.||(a) Spelfie Sponsor Contact Data||Necessary for our legitimate interests (to grow our business and engage with clients) Performance of a contract with you|
|To use photos taken in the Spelfie App in our promotional and business materials||(a) Identity Data|| Necessary for our legitimate interests (to promote the Spelfie App and grow our business)|
If you are using the Spelfie App then we will collect GPS data from your device. You should look at your device’s settings to configure it. If you choose not to share your location with us, you might not be able to use the Spelfie App where it needs to know where you are.
SPELFIE APP NOTIFICATIONS
Where you indicate in the Spelfie App that you are going to a Spelfie event then we may provide you with push notifications containing promotional codes, vouchers, special offers and/or discounts of the event sponsor in respect of such event (the “Offers”). The Offers form part of the services we provide to you in respect of the Spelfie App.
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 (we call this marketing).
You will receive marketing communications from us if you have (a) given your express opt-in consent to receive marketing communications from us, or (b) 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 not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any other company outside the Tripsology Group for marketing purposes.
You can ask us to stop sending you marketing messages in respect of the Tripsology Group at any time by (a) following the unsubscribe or opt-out links on any marketing message sent to you, or (b) by Contacting us using the details set out above.
CHANGE OF PURPOSE
We will only use your personal data 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 using the details set out above.
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.
5. DISCLOSURES OF YOUR PERSONAL DATA
Tripsology and Spelfie share the same infrastructure and systems. As such, we process information about you internally within the Tripsology Group in respect of the Products. Where we have a single sign on then you may be able to access other products or services within the Tripsology Group without requiring a separate registration or account. In order to give you access to such other products or services, Spelfie may share your account details with other entities within the Tripsology Group.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- External Third Parties as set out in paragraph 10 below (Glossary).
- 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 privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law.
6. INTERNATIONAL TRANSFERS
Given the global nature of our business, we may need to process your personal information in a country outside of the UK and/or European Economic Area when this is necessary to provide you with the Products or fulfil a contract with you. When doing so we shall ensure that appropriate safeguards are in place to protect your information and your rights under privacy law.
7. 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.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
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.
In some circumstances you can ask us to delete your data: see Request erasure under “Your Legal Rights” below for further information.
In some circumstances 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.
When you delete your Spelfie account, we delete your photos, and you will not be able to recover that information at a later date. Information that others have shared about you is not part of your account with us and will not be deleted by us.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
Further details in respect of these rights are set out below under “Your Legal Rights”. If you wish to exercise any of the rights set out above, please Contact ususing the details set out above.
If you are a data subject within the EU who wish to exercise their data subject rights under EU GDPR then
we provide you with an easy way to submit your privacy related request (i.e. a request to access or erase your personal data). If you want to make use of your EU data subject rights, please visit our public privacy landing page: https://gdpr-rep.eu/q/17948166872.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these 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 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.
TIME LIMIT TO RESPOND
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.
Legitimate Interest means 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 your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us using the details set out above.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
EXTERNAL THIRD PARTIES
- Service providers acting as processors who provide data center, system administration services, IT services, hosting communications, marketing and sales services and IT systems maintenance (including, without limitation, Microsoft Azure, Mailchimp, Vimeo, Google Analytics, Zendesk, Hubspot and Mandrill).
- Professional advisers acting as processors or joint controllers or controllers in common including lawyers, bankers, auditors and insurers based the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers or controllers in common based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Law enforcement agencies (if they ask for it).
- Sale or merger. We may disclose your information to third parties in the event that we sell, buy, merge or are acquired by a third party, or we sell some or all of our business assets to a third party.
SOCIAL MEDIA SERVICES
You may choose to access certain third party social media websites/apps and services through our Products (such as Facebook, Twitter and Instagram). Where you do so, you will be sharing information with those websites/apps and any information you share will be governed by their policies.
YOUR LEGAL RIGHTS
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.
CHANGES TO THIS POLICY
We will post updates to our privacy notice on our websites. If we change this privacy notice in a manner that materially affects your privacy rights, we will provide additional notice to you.
Updated: January 2022