Privacy policy

1. Introduction

1. This privacy policy (“Privacy Policy”) is part of the <Bath Spa Capital Limited Terms and Condi@ons of Use and Sale> (“Terms of Use & Sale”) for the sale of goods by telephone and through the website at hHps://bathspacapital.com (“Website”) operated by Bath Spa Capital Limited trading as “BSC Collec@bles” (“we”, “us”, “our”) to customers (“you”, “your”). Capitalised terms have the meanings in the Terms of Use & Sale, unless they are defined in this policy. Our details are stated in Clause 1 of the Terms of Use & Sale.

  1. We decide the purposes and means of processing of personal data that is collected about you when you deal with us. We are committed to protec@ng and respec@ng your privacy and we have legal obliga@ons to do so as the ‘controller’ of your personal data under the Data Protec@on Act 1998/2018 (the “Act”).

  2. This Privacy Policy and the Terms of Use & Sale explains what types of personal data is collected, the purposes for which it is collected and processed, the legal basis for that and the organisa@ons or types of organisa@ons, if any, to which we may provide your personal data. It is necessary for you to agree to the Terms of Use & Sale, including the Privacy Policy, and for us to collect, process, share and store the personal data as described in order for us to be able to transact and communicate with you, and interact with you via the Website.

  3. The Website may from @me to @me contain links to and from the websites of partner networks, adver@sers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for those policies. Please check those policies and any relevant service terms and condi@ons before you submit any personal data to those websites. We are not responsible for the content of any other websites or services.

2. What personal data do we collect?

2.1. We may collect, store and use the personal data described in the table in Annex A to this Privacy Policy, and process it for the purposes and on the legal basis specified in that table. We rely on the following lawful bases for processing, where specified in the table in Annex A:

(a) Performance of a 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.

(b) Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation to which we are subject (such as identity and age checks).

(c) Legitimate Interest means the processing is necessary for the purposes of the legi@mate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protec@on of personal data. You can obtain further informa@on about how we assess our legi@mate interests against any potential impact on you in respect of specific activities by emailing us at info@bathspacapital.com if you change your name, residential address or contact details. You can also contact call us on 0800 107 5135 or write to us at our registered office.

(d) Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by emailing us at info@bathspacapital.com if you change your name, residen@al address or contact details. You can also contact call us on 0800 107 5135 or write to us at our registered office.

2.2. Personal data will be stored in accordance with Clause 5 of this Privacy Policy.

2.3.We aim to keep your personal information up-to-date, so you must promptly tell us by emailing us at info@bathspacapital.com if you change your name, residential address or contact details. You can also contact call us on 0800 107 5135 or write to us at our registered office.

3. When may we disclose your personal data?

  1. 3.1.  We will not disclose your personal data to any third party, except as explained in the table in Annex A to this Privacy Policy.

  2. 3.2.  If some or all of our business is bought by a third party, personal data held by us will be transferred and may be disclosed to the prospective seller or buyer of such business under the same conditions as this Privacy Policy. This is necessary for the purposes of the legitimate interests pursued by us and the third party, and would not be overridden by your interests or fundamental rights and freedoms which require protection of personal data.

4. How we use your personal data

4.1. We will only collect, process, use, store and share your personal data where the Act allows us to do so. Most commonly we will use your personal data in the following circumstances:

  • Where we need to perform an obligation under a contract with you, such as the Terms of Use & Sale, or take steps at your request before agreeing a contract with you

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights that require the protection of personal data do not override those interests

  • Where we need to comply with a legal or regulatory obligation

  • Where you have consented before the processing

    4.2. You can find out more about the types of lawful basis that we will rely on to process your personal data in the table in Annex A to this Privacy Policy.

5. Where and for how long we store your personal data

  1. 5.1.  All information you provide to us is stored on our secure servers, located in the United Kingdom.

  2. 5.2.  We use all reasonable endeavours to ensure that appropriate technical and organisational measures are in place to protect your personal data from unauthorised or unlawful processing and against accidental loss, destruction or damage.

5.3. Your personal data will be stored for as long as you use the Website and for such time aferwards as required by law or six years from when you stop using the Website (which is the legal limitation period).

5.4.If you withdraw your consent to our processing ‘sensitive personal data’ about you, we will delete sensitive personal data we hold about you, unless we can demonstrate that another legal basis applies. Sensitive personal data is data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning a natural person's sex life or sexual orientation.

5.5.Please note that using the internet or mobile networks is not completely secure, so we cannot guarantee the security of your data transmitted between your device(s) and the Website. Any such transmission is at your own risk.

6. Your rights

6.1.Under the Act, you have a number of rights. The first right is to receive confirmation as to whether or not any of your personal data is being processed and certain other information, as we have set out in this Privacy Policy.

6.2.The table in Annex B at the end of this Privacy Policy explains the following rights which the Act gives you in relation to your personal data and any exceptions to those rights:

  1. (a)  Right of access

  2. (b)  Right to rectification

  3. (c)  Right to erasure

  4. (d)  Right to request the restriction of processing concerning you

  5. (e)  Right to data portability

  6. (f)  Right to object to processing

  7. (g)  Right to ask us not to process your personal data for direct marketing purposes

  8. (h)  Right not to be subject to automated individual decision-making, including profiling.

6.3. Please note that you may exercise these rights (subject to any applicable exceptions) by emailing us at info@bathspacapital.com. You can also contact call us on 0800 107 5135 or write to us at our registered office.

7. Marketing and advertising

  1. 7.1.  We seek to give you choices about what marketing and advertising you see on the Website. We will give you a choice to opt-in to receiving marketing and advertising specifically tailored for you. If you do not opt-in, we may still send you generalised marketing and advertising messages.

  2. 7.2.  We use personal data you have provided to us, and responses to our survey questions, for our loyalty programme and to work out if certain advertising and marketing will be of interest to you. We may use an automated process to create a profile for you.

  3. 7.3.  You can ask us to stop profiling you and sending you any targeted marketing or advertising messages on the Website at any time by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by emailing us at info@bathspacapital.com. You can also contact call us on 0800 107 5135 or write to us at our registered office. Further information can be found in Table B.

  4. 7.4.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at hHp://www.networkadvertising.org/understanding-online- advertising/how-does-it-work.

7.5. You can opt-out of targeted advertising by using the links below:

  • Facebook: hHps://www.facebook.com/selngs/?tab=ads

  • Google: hHps://www.google.com/selngs/ads/anonymous

  • Bing: hHps://advertise.bingads.microsof.com/en-us/resources/policies/personalized-ads.

7.6. Additionally, you can opt-out of some of these services by visi@ng the Digital Advertising Alliance’s opt-

out portal at: hHp://optout.aboutads.info/. 8. Cookies, log files and web beacons

  1. 8.1.  We use cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience. By visiting and using the Website, you agree to our use of cookies.

  2. 8.2.  A cookie is a small file of letters and numbers that we store on your browser, computer, or device. Cookies send information back to the originating website on each subsequent visit, or to another website which recognises that cookie. We may use the following cookies:

    • Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure accounts, use interactive features and Website.

    • Analytical/performance cookies. These allow us to recognise and count the number of visitors and users and see how they use the Website. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.

    • Functionality cookies. These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

    • Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the information displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

  3. 8.3.  Please note that third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which we have no control. You should refer to their privacy policies or cookie policies for the relevant information about those cookies.

  4. 8.4.  You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. All browsers provide tools that allow you to control how you handle cookies: accept, reject or delete them. These settings are normally accessed via the ‘settings’, 'preferences' or 'options' menu of the browser you are using, but you could also look for a ‘help’ function or contact the browser provider. However, if you use your browser selngs to block all cookies (including essential cookies) you may not be able to access all or parts of the Website. For more information about cookies, and how to disable cookies, visit hHp://www.allaboutcookies.org.

  5. 8.5.  “Log files” track ac@ons occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/@me stamps. Log files are not cookies; they do not contain any personal data; and they are not used to iden@fy your personal use of the Plasorm. When you request any web page from the Plasorm, web servers automa@cally obtain your domain name and IP address, but they reveal nothing personal about you and that data is only used to examine Plasorm traffic in aggregate, to inves@gate abuse of the Plasorm and its users, and/or to cooperate with law enforcement. Such data is not disseminated to third par@es, except in aggregate.

  6. 8.6.  “Web beacons” (also known as “clear GIFs”, “Web bugs” or “pixel tags”) are electronic files used to record informa@on about how you browse the Site. They are ofen used in combina@on with cookies.

    Unlike cookies, you cannot decline web beacons specifically, but selng your browser to decline cookies or to prompt you for a response will keep web beacons from tracking your ac@vity.

9. Changes to our privacy policy

We may amend this Privacy Policy. Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, no@fied to you by e-mail.

10. Regulatory and Contact details

Our full company and registra@on details are set out in Clause 1 of the Terms of Use & Sale.

Ques@ons, comments and requests regarding this Privacy Policy are welcomed by emailing us at info@bathspacapital.com. You can also contact call us on 0800 107 5135 or write to us at our registered office.

For more informa@on about data protec@on and the protec@on of personal data, please visit the Informa@on Commissioner’s website at www.ico.org.uk.

11. Complaints

You can complain to the Informa@on Commissioner’s Office if you consider there has been a breach of the Act in connec@on with your personal data.

12. General

This Privacy Policy is governed by English law and either of us can bring legal proceedings in the courts of England and Wales in rela@on to any dispute arising out of or in connec@on with these Terms of Use & Sale, except that you may bring proceedings in Northern Ireland or Scotland if you are resident there.