We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
Where we refer to “we”, “us” and “our”, we mean Top Benefits Schemes Limited.
We treat your privacy very seriously and we do all that we can to ensure that the data held about SuperValu eShops members is protected and used correctly.
SuperValu eShops is provided by Top Benefits Schemes Limited. Top Benefits Schemes Limited will collect and control your personal data so that they can operate your SuperValu eShops account.
SuperValu eShops is promoted by Musgrave Group. Their company number is 105820 and their registered office is © 2018 Musgrave Group plc, Ballycurreen, Airport Road, Cork.
Top Benefits Schemes Limited and Musgrave Group are the controllers and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the DPO using the details set out below.
For more information about how Top Benefits Schemes Limited uses your data, please contact us by emailing.
For more information about how Musgrave Group uses your data and the data they hold about you, write to the Data Protection Officer, Musgrave Group at email@example.com
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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance at .
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated in May 2018.
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.
This website includes 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 statements. When you leave our website, we encourage you to read the privacy notice of every website 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 (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, username or similar identifier.
• Contact Data includes billing address, delivery address and email address.
• Transaction Data includes details about payments from you to retailers featured on our website from time to time and other details of products and services you have purchased from such retailers via our website.
• 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.
• 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.
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.
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 Real Rewards points service). In this case, you will not be able to join the SuperValu eShops programme.
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, Contact, Transaction or Financial Data by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you:
• create a SuperValu eShops account;
• submit a claim or enquiry about a transaction via our website; or
• give us some feedback
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 personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookies Policy Page for further details. As you navigate our website, we may collect Marketing and Communications Data as specified by you from time to time.
Essential Third parties In order to facilitate the Real Rewards points service, we need to receive personal data about you from various third parties as set out below:
Technical, Transactional, Identity and Contact Data from the following parties:
a) Affiliate Networks based both inside and outside the EU; and
b) retailers featured on the website from time to time
Non Essential Third Parties to help improve the service we provide and the functionality of our website we may receive Technical Data from analytics providers such as Google based outside the 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.
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.
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).
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party.
Type of Data
Lawful basis for processing including basis for legitimate interest
In order to provide the SuperValu eShops service to you including the processing and facilitating of any Real Rewards points due to you
Performance of a contract with you
Answer and process any claims or enquiries you may raise with us including:
· submission and actioning of any enquiry from you
· submission of a claim for missing Real Rewards points
· contesting claims
· escalating and formal complaints, including responding to ombudsman or court proceedings)
in order to ensure your Real Rewards points process runs smoothly, provide any assistance with the site and challenge and defend any claims or actions which may be detrimental to our business.
Necessary for our legitimate Interests to provide the most effective service to the members and for evidential purposes in the event of a dispute.
Utilising fraud prevention measures in order to protect the business, members and retailers featured on the website from fraudulent activity and any resulting consequences
Necessary for our legitimate interests to prevent fraud
To manage our relationship with you which will include:
· Updating your details on our system, validating a payout request or resetting a security question
in order to keep our records updated
(d) Marketing and Communications
Necessary for our legitimate interests for updating customer details and preferences
To allow us to send marketing emails
Necessary for our legitimate interests for marketing of the scheme
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, fraud prevention measures)
in order 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
Necessary for our legitimate interests of site security
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Within your account you can alter your marketing preferences.
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 signed up to the SuperValu eShops service and you have expressly consented to receive these marketing emails.
You can ask us to stop sending you marketing messages at any time by logging into your SuperValu eShops account and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.
Cookies are small pieces of data or information that are stored by your browser onto their hard-drive. The information cannot be seen by any other websites (so the information is secure) and is used by us to provide features to aid the use of our services.
In order to track your purchases, cookies are stored on your computer, and they contain tracking information so that when you visit a retailer through SuperValu eShops, any purchases made will result in the retailer reading this information. The retailer will then send us information about your purchase, at which point we can then credit your account. Therefore, in order to use the SuperValu eShops service and earn Real Rewards points, it is a requirement to have cookies enabled in your browser software.
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 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
We may have to share your personal data with the parties set out below (who are also bound to keep it safe and secure) for the purposes set out in the table in paragraph 4 above.
• External Third Parties as set out in the 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. 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.
6. INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
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.
• 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.
• 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.
Please contact us at firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We treat the security of your data extremely seriously and have a number of measures in place to ensure that your data is not compromised or accessed unless absolutely necessary to offer our services.
All of our data is held on secure servers and only staff members who need this information to provide the service have access to this data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Where we have given you (or you have chosen) a password which enables you to access certain parts of the SuperValu eShops site, you are responsible for keeping this password safe. We ask you not to share your password with anyone.
However, the transmission of data on the internet is not completely secure and is at your own risk. We cannot guarantee the security of data that you transmit to the SuperValu eShops website but we will do our best to protect your personal data and we will use strict procedures and security features to prevent unauthorised access to it.
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.
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.
9. YOUR LEGAL RIGHTS
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 (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. You can update your details on your SuperValu eShops account by logging into your account and going to your Account. If you believe that we hold any inaccurate information about you, you can contact us by emailing.
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 at email@example.com.
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.
External Third Parties
• Musgrave Group and companies within its group
• Companies within Top Benefit Schemes group
• Service providers who provide IT and system administration services
• Various affiliate networks who track your purchases made via the website
• Retailers as featured on the website from time to time in the event of a tracking failure
• Any regulator authorities
• Third party email providers
Affiliate Network means a network that acts as an intermediary between the SuperValu eShops website which features products and services and the merchants who create or sell those products and services. The affiliate network reports the tracking of cashback resulting from a valid transaction (which is then converted into Real Reward points), any payments and refund processing together with assisting with any untracked sales which you may tell us about.