There’s a new law that came into force on 25th May 2018 called the ‘General Data Protection Regulation’ (GDPR). It applies to anyone in, or selling to customers in, the European Union – and the UK post Brexit. The main ideas are the same as those in current data protection law, however there have also been some new elements so organisations around the world are doing things differently. If you want to find out more about GDPR, we are providing some guidance here.
Protection of sensitive data, particularly your data, is fundamental to the way we operate and communicate with fans and friends.
We wanted to let you know that due to the General Data Protection Regulation (GDPR), we have updated our General Terms of providing products and services and our Privacy Notice.
These updates came into effect from 25 May 2018. By continuing to use our services and transacting with mrscruff.com, you agree to the general Terms of providing products and services and consent to the Privacy Notice.
Here’s what’s new:
We’ve updated our Privacy Notice to:
• Make it easier for you to understand what information we collect from you, why we collect it, how we use and store it, and when and with whom we share it;
• Comply with GDPR; and
• Explain your rights under GDPR as well as how you can exercise them.
You can find the updated General Terms of Service and Privacy Notice on our website.
What you should do:
You should read the General Terms of Service and Privacy Notice in full.
If you have any questions, please contact us here
PRIVACY NOTICE & TERMS OF PROVIDING PRODUCTS AND SERVICES
Posted on: 25th May 2018
This Privacy Notice describes how Make Us A Brew Ltd with its office at 18 Sparkle St, Manchester, M1 2NA, and our affiliates (collectively, ‘Mr Scruff’, ‘Sparklestreet’, ‘we,’ and ‘us’) collect, use, disclose, transfer, store, retain or otherwise process your information when you (whether you are a person or business) apply or sign up to the Mr Scruff mailing list or other products and services through Mr Scruff’s website, associated social channels and related services.
There are several ways in which you can intentionally provide us with your personal information via mrscruff.com, by entering competitions, signing up to offers or by choosing to subscribe to our general newsletters. These use web forms to collect personal information in accordance with the offer or competition at hand. This will usually include your name, email address and postcode however on occasion it may also be necessary to ask for further demographic information such as your address and or telephone number or other information as required.
We collect this information in order to best communicate with you and to provide good service to Mr Scruff fans. By entering your details you will be joining our mailing list, this is used to communicate directly with you via our websites and to provide updates concerning, but not limited to, gigs, music, merchandise, downloads, films, videos, press, interviews and similar content or products relevant to Mr Scruff. Your details are held on a secure server. As such they will not be accessible to anyone other than Make Us A Brew Ltd and Sparklestreet staff. Under no circumstances will you be added to any third party email lists.
When you visit our website our computers will automatically record statistics about your visit. This information does not identify you personally, however we collect statistics such as how many people visit our website, pages visited and links clicked in order to monitor the use of our website so that we can improve the way in which our website works.
Our belief is that all communications must be wholly consensual and should you elect to be removed from our mailing list or website you can at any time by visiting our unsubscribe links. This link can be found at the bottom of any email communication you receive from us. We ask that you allow up to 7 days for this to be fully processed by our system. If there are any issues with this process, you can email us here.
The protection of all personal information we receive via our website visitors and subscribers is critical to the way we operate and communicate. As such you should be assured that we have measures in place to protect against the loss or misuse of any information we receive from you. As with any transmission over the internet there is always some risk involved. That’s why we’ll never ask you for something we don’t need and we will always treat your details with great care.
Should you need to update your personal information at any time you can update your preferences via the link at at the bottom of this page, or email us here with any new information. We ask that you allow us up to 7 days to adjust your details on our system.
We use information about you for a number of purposes:
Providing, Improving and Developing our platforms, channels, products and services
• Determining whether our products and services are available in your country. We process Location Information where you have requested use of the services, but before you agree to the Terms of Service we have to verify if we are able to process your request. Without this information, we cannot confirm whether we are able to offer the Services to you under the Terms of Service.
• Processing or recording payment transactions or money transfers, and otherwise providing you with the products and services you choose to use. We need this information in order to fulfil our obligations arising out of the Terms of Service entered into between you and us. Without this information we would not be able to provide the services or products requested by you. Information required for these reasons include:
• Identification Information;
• Transaction Information; and
• Contact Information
• Displaying historical transaction or communication information. As set out in our Terms of Service, we will provide information regarding your transaction history. We therefore need to collect and process this information to satisfy our obligations under these terms.
• Providing, maintaining and improving our services. It is in our legitimate business interests to continue to maintain our product and service offering to individuals in order to keep running our business.
• Developing new products and services. It is in our legitimate business interests to continue to improve our product and service offering to individuals in order to develop and grow our business.
• Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages including to resolve disputes, collect revenue, and provide assistance for problems with our products and services. We need to communicate with you to fulfil our own obligations or meet your requests that arise from the Terms of Service between you and us and we need your Identification Information in order to deliver this information to you. If you do not provide this information, we will not be able to fulfil our obligations or meet your requests under the Terms of Service.
• Improving, personalising and facilitating your use of our services. For example, when you sign up to purchase Mr Scruff merchandise, we can associate certain information with your new account, such as information about other transactions you had or currently have, and prior transactions you made using our services. We do this in order to ensure in our legitimate interests that content from our services is presented in the most effective manner for you.
• Measuring, tracking and analysing trends and usage in connection with your use or the performance of our services. We want to understand how current products and services are used in order to develop and enhance our products in our legitimate interests. In order to ensure that our legitimate business interests of striving to deliver a consistent, secure and continuous service are met, we need to carry out certain analytics on the performance of our Services.
Communicating with you about our activities
• Sending you information we think you may find useful or which you have requested from us about our products and services. We send you information about our activities because it is in our legitimate interest to do so. We will only send you notifications regarding promotional information where we have your consent to do so, or, where you have not objected to being contacted for these reasons (as applicable). Please see below for further information.
• Conducting surveys and collecting feedback about our Services. We do this to pursue our legitimate interests to understand if the Services are helpful to you and to evaluate the effectiveness of any updates we provide.
Protecting our products and maintaining a trusted service
• Investigating, detecting and preventing or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities or to otherwise help protect your account, including to dispute chargebacks on your behalf. We do this as we are required by law to ensure effective fraud prevention processes are in place. We also do this to prevent our products and services being misused for fraudulent activities which is in our legitimate interests as a provider of the products and services.
• Protecting our, our customers’, or your customers’ rights or property, or the security or integrity of our products and services. We do this as we are required by law and in our legitimate interest to prevent our services being misused for fraudulent activities.
• Enforcing our Terms of Service or other applicable agreements or policies. This is necessary in order to fulfil the obligations between you and us under the Terms of Service.
• Verifying your identity (e.g., through government-issued identification information). We may need to verify your identity to comply with our statutory obligations, applicable law, and / or for our legitimate interest in protecting the security and integrity of our services and your account.
• Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process. We do this as required by law.
• Fulfilling any other purpose disclosed to you in connection with our products and services.
• Contacting you to resolve disputes, collect revenue and provide assistance with our products and services. We process this information given our legitimate interest providing you with our products and srvices, to measure the adequate performance of our contract with you, and to comply with applicable laws.
Advertising and Marketing
• Marketing of our products and services;
• Communicating with you about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
We will only process your information for these purposes where we have your consent to do so.
• For any other purpose disclosed to you in connection with our products and ervices from time to time. If we intend to process your personal data for a purpose other than that set out above, we will provide you with information prior to such processing and will obtain your consent where necessary.
Some of our processes for how we use your information can involve profiling, automated processing and automated decisions. We need to do this to meet our own contractual obligations, to comply with applicable law (i.e., for fraud prevention purposes or where we are have a good faith belief we are under a legal or regulatory obligation to do so), and as it’s in our legitimate business interests to engage in such automated processing. For example:
• Identity verification: We engage in profiling and automated processing, both directly and through the use of third party identification verification services, to verify your identity (so we can confirm you appear to be who you say you are). We set out more information on this above and how this affects you. If we cannot identify you, we may not be able to provide the products and services to you. This identity verification check will be based on the information you provide to us and the results we get for the third party verification services if we ever need to utilise them (which is limited to the result of the check).
• Fraud and crime detection and prevention: We have developed processes, for the purposes set out above, to check that our products and services are not being used for fraudulent purposes. We will consider information you provide to access our services, information you provide to enhance your experience, information we automatically collect from your use of our services, and information we collect from other sources. We regularly check that our processes are up to date and implemented robustly and fairly to ensure that we can deliver the services to you and that they are safe to use. If we believe in good faith that our fraud and crime prevention processing detects activities or use of our services which could be used for fraudulent or criminal activities, we may not be able to provide the services to you.
• Product development and creation: We can process the information you provide to us, the information we collect from your use of our services and the information we obtain from third parties automatically to improve our products and develop new products. The information we use will help us to understand what is important to our customers, and how we can create better products and services.
• Marketing: With your consent we can process the information you provide to us, the information we collect from your use of our services and the information we obtain from third parties automatically to market new products and services to you by using cookies to serve ads to you or by delivering adverts in our applications or on our websites.
HOW WE SHARE YOUR INFORMATION
We share information about you as follows:
With our Affiliates
• With our related companies, including our primary company, Make Us A Brew Ltd, Sparklestreet HQ Ltd, and associated companies that represent the bran d Mr Scruff, for the purposes outlined above. This is necessary to provide our services to you and fulfil our obligations in our Terms of Service, and in our legitimate interest to do so.
Business Transfers and Corporate Changes
• Because it is in our legitimate interest to do so, we reserve the right to disclose and transfer all information related to the services, including personal information:
• To a subsequent owner, co-owner, or operator of one or more of the Services; or
• In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
Safety and Compliance with Law
• If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our General Terms or other applicable agreements or policies; (iii) to protect our or our customers’ rights or property or the security or integrity of our Services; or (iv) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities
With your Consent
• With your consent. For example:
• At your direction or as described at the time you agree to share;
• When you authorise a third party application or website to access your information.
Aggregated and Anonymised Information
• We also share (within our group of companies or with third parties) aggregated and anonymised information that does not specifically identify you or any individual user of our Services.
HOW LONG WE RETAIN YOUR INFORMATION
We generally retain your information only as long as reasonably necessary to provide you the Services or to comply with applicable law.
However, even after you request to be removed from future communication, we can retain copies of information about you and any transactions or services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce our General Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.
COOKIES AND OTHER SIMILAR TECHNOLOGIES
We use various technologies to collect information when you access or use our services, including placing a piece of data, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We begin collecting information about you or from activity on devices you use as soon as you use our mrscruff.com nd associated channels. By using our services, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Notice. For more information and to learn how to block or delete cookies used in the services, please see below.
Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the services and, as such, will last longer.
• Remember that you have visited us or used the services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
• Customise elements of the layout and/or content of our services.
• Collect data about the way you interact with our services (e.g., when you use certain features or upload attachments).
• Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
• Allow our business partners (including third parties) to use these tracking technologies to track your behaviour on our behalf on our Platform (including when you use multiple devices) and on partner websites.
• Enable third parties to collect data about the way you interact across sites outside of our Services.
• Collect anonymous statistical information about how you use the services (including the length of your web or application session) and the location from which you access the services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.
Some of the cookies used in the services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.
THIRD-PARTY ADVERTISING AND ANALYTICS
This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http://www.aboutads.info/choices.
Examples of our third-party service providers to help deliver our services or to connect to our Services include:
• Google Analytics: We use Google Analytics to understand how our Services perform and how you use them. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.
• Facebook: We use Facebook to advertise and market our services, and to enable our customers to market their services. To learn more about how Facebook uses your data please visit https://en-gb.facebook.com/help/325807937506242 or log on to you Facebook account and access your settings. To understand more about Facebook advertising please see https://www.facebook.com/about/ads.
• Mailchimp: We use Mailchimp to communicate though email and similar tools to our registered users, and to enable our customers to respond to those messages and links provided. To learn more about how Mailchimp uses your data please visit https://mailchimp.com/legal/privacy/
If you reside in Europe, you have the right under certain circumstances:
• to be provided with access to your personal data held by us;
• to request the rectification or erasure of your personal data held by us;
• to request that we cease processing your data;
• to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
• to object to profiling activities based on our own legitimate interests;
• to object to solely automated processing; and
• to request that your data be transferred to a third party (data portability).
In addition, where you have provided your consent to our processing of personal data, you can withdraw this at any time.
In order to exercise any of these rights (including the right to withdraw your consent), please email us here. We may need to verify your identity before granting access or otherwise changing or correcting your information.
CHANGES TO THIS PRIVACY NOTICE
We change this Privacy Notice from time to time by posting a revised version and updating the ‘Effective Date’ above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of substantial changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you can cancel your account at any time and/or stop your use of our services. Your continued use of our services constitutes your acceptance of any changes to this Privacy Notice.
Please contact us here with any questions or concerns regarding this Privacy Notice. Please mark your questions or concerns,
FAO: Data Administrator
If you have any questions or concerns regarding our notice or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you can file a complaint with us here and we will respond to let you know who will be handling your matter and when you can expect a further response. We can request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We will keep records of your request and any resolution.
If your request or concern is not satisfactorily resolved by us, you can approach your local data protection authority (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html).