B & W GROUP LIMITED
PRIVACY NOTICE: FORMATION PRODUCT RANGE AND ASSOCIATED APP
We ask that you read this fair processing notice carefully as it contains important information on who we are and how we handle personal information when you purchase and use a product from the Formation range (Products) and use the associated mobile applications (Apps) and your rights in relation to your personal information.
WHO WE ARE
B&W Group Limited (a company registered in England and Wales under number 880499) collects, uses and is responsible for certain personal information about you. When we do so we are responsible as ‘controller’ of that personal information under data protection laws.
THE PERSONAL INFORMATION WE COLLECT AND USE
Personal data, or personal information, means any information from which an individual can be identified. It does not include data where the identity has been removed (anonymous data).
Through the Apps or the Products, and other interactions with you, we may collect and use different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, username or similar identifier, title and date of birth.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Technical Data including:
- Essential Technical Data includes your login data, network interface data (which may also include performance data such as temperature, signal strength, duration of use of Product), time zone setting and location, other technology on the mobile / handheld device on which you have installed the Apps, Product type and serial number, operating system, software version, device UUID, and system events; and
- Additional Technical / Usage Data includes mobile “out of box” events, and the flow through mobile screens.
- Profile Data includes your username and password, preferences, feedback and survey responses.
- Listening Preference Data includes data about the content you listen to and how you interact with that content (for example skipping tracks, adding favourites and listening to related artists).
- Location Data includes the IP address of your device or the network through which you access the Apps to identify your approximate location (most devices enable you to turn location services off within settings, however we will still use your IP address to identify your approximate location).
- Usage Data includes information about how you use the Apps, the Product and our services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect and use anonymous data such as statistical or demographic data. Anonymous 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 (with the Usage Data of others) to calculate the percentage of users accessing a specific product function. However, if we combine or connect anonymous 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 fair processing notice.
Although users of all ages may access and use the Apps or a Product, we do not knowingly collect personal information relating to children. If we find out that a child under 16 has registered with us through the Apps because, for example, a parent has told us about it, we will cancel the registration and delete any personal information that child has provided to us.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact, Profile, and Marketing and Communications Data by filling in forms (within the Apps) or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- register your product;
- create an account on our website or through the Apps;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with the Apps or the Product, we will automatically collect Technical and Usage Data about the device on which the Apps is installed or the Product as well as Listening Preference and Location Data. We collect this personal data by recording browsing actions and patterns as well as using server logs and other similar technologies.
- Third party content services. When you connect third party content services to the Apps, we may obtain your Listening Preference Data from those services, including recently played tracked, artists and playlists.
HOW WE UNDERSTAND YOUR LISTENING PREFERENCES
The Apps uses software algorithms to build a picture of your listening preferences based on:
- the audio content you have recently listened to through any content services and the characteristics of such audio content (for example, genre, era, tempo)
- the actions you take and selections you make when you use the Apps (for example, skipping a track or adding an artist to your favourites list)
- environmental factors (for example, your location and physical activity or state)
- your proximity to other users of the Apps that have connected to the same Product
- the choices you make within the Apps, including any selections you make when you first launch the Apps and changes you manually make to your profile
HOW WE USE YOUR PERSONAL INFORMATION
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 it is necessary to perform the contract we are about to enter into or have entered into with you – for example, the product warranty.
- 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 it is necessary to comply with a legal or regulatory obligation.
- Where we rely on your consent – for example, where you consent to us collecting Technical, Usage or Location Data through the Apps or third party marketing communications to you via email or text message. You have the right to withdraw consent at any time by contacting us.
THE PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION
The following table sets out the purposes for which we collect and use your personal information, the types of personal information relevant to each purpose and the legal ground we rely on for such purpose.
|Purpose||Type of personal information||Lawful ground relied upon by us|
|To register you as a customer and your warranty||
|Performance of a contract with you|
To manage our relationship with you
Performance of a contract with you
|To notify you about changes to our terms or this fair processing notice||
|Legal obligation (where changes are required by law) or performance of a contract (for any other changes)|
|Asking you to leave a review or take part in a survey||
(d) Marketing and Communications
|Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)|
|To improve our products, services, marketing, customer relationships and experiences||
|Legitimate interests (to define types of customers for our products and services, keep our products updated and relevant, develop our business and inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||
|Legitimate interests (to develop our products/services and grow our business)|
|To help ensure your Product is working properly, performs its basic functions, and to provide you with customer support||
(c) Essential Technical
|Performance of a contract with you|
|To improve your Product experience and to offer better products and services that meet our customers’ expectations and needs.||
(c) Additional Technical
Legitimate interests (to keep our products updated and relevant). Note, you can opt out of sharing Additional Technical / Usage Data through the Apps’s settings.
|To provide you with a personalised listening experience that reflects your personal preferences and environmental factors||
(b) Listening Preference
|Performance of a contract with you. Note, you can choose to opt out of receiving personalised recommendations|
|To comply with any geographic/territorial restrictions regarding your use of the Apps||
|Legal obligation (in certain countries and territories)|
WHETHER INFORMATION HAS TO BE PROVIDED BY YOU, AND IF SO WHY
The provision of Identity, Contact Data and Essential Technical Data may be required from you to enable us to perform our contract with you. If you do not 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 an update, warranty support or support services).
HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT
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.
We will keep your personal information for as long as you are a registered user of the Apps. If you delete your account or the agreement between us is terminated for any reason, we will delete your personal information as soon as possible and in any case within six months. Any other data linked to your account will be anonymised so it cannot identify you.
WHO WE SHARE YOUR PERSONAL INFORMATION WITH
We will only share your personal information for the purpose of enabling your use of the Product or Apps and to provide our services.
We routinely share personal data about you (including Identity, Contact, Technical and Usage data) with our group companies where required in order to provide you with the Product or Apps and our connected services. Please contact us for up-to-date details of our group companies. This data sharing enables us to: improve our products and services; support the Products or Apps and ensure they are working properly, and, improve your Product or Apps experience.
We use third parties to host our Apps, provide some of the Apps’ functionality and process your personal information for purposes consistent with this notice. Such processing is subject to strict confidentiality and security obligations.
We will share personal information with law enforcement or other authorities if required by applicable law.
We will not share your personal information with any other third party.
TRANSFER OF YOUR INFORMATION OUT OF THE UK OR EEA
We may transfer your personal information to the following entities which are located outside the United Kingdom (UK) or European Economic Area (EEA) as follows:
- Amazon Web Services (AWS) servers based in the United States of America. We use AWS for “cloud” storage of data we collect from you (and other users).
- Other group companies in order to provide you with our Products and/or Apps and our connected services, as detailed above.
Whenever we transfer your personal data out of the UK or 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.
- We have entered into an agreement with an entity which includes standard clauses that have been approved by the European Commission as providing and adequate level of protection for the transfer of personal data.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. If you would like further information please contact us, our Data Protection Officer (see ‘How to contact us’ below).
KEEPING YOUR PERSONAL INFORMATION SECURE
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
You have several rights under data protection law including rights to:
- fair processing of information and transparency over how we use your use personal information
- access to your personal information and to certain other supplementary information about how we use your personal information
- require us to correct any mistakes in your information which we hold
- require the erasure of personal information concerning you in certain situations
- receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
- object at any time to processing of personal information concerning you for direct marketing
- object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
- object in certain other situations to our continued processing of your personal information
- otherwise restrict our processing of your personal information in certain circumstances
- claim compensation for damages caused by our breach of any data protection laws
If you would like to exercise any of those rights, please:
- email, call or write to us
- let us have enough information to identify you – for example, by providing your name and address, and your product serial number,
- if required, let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
- let us know the information to which your request relates
If you would like to unsubscribe from any email newsletter you can also click on the ‘unsubscribe’ button at the bottom of the email newsletter. It may take up to 14 days for this to take place.
HOW TO COMPLAIN
We hope that we can resolve any query or concern you raise about our use of your information.
Data protection law also gives you right to lodge a complaint with a supervisory authority in the UK or any EEA member state where you work, normally live or where any alleged infringement of data protection laws occurred.
The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.
INFORMATION FOR INDIVIDUALS RESIDING IN CALIFORNIA
This section of the notice only applies if you reside in the State of California.
Any references to personal information in this policy include references to personal information as defined under California Consumer Privacy Act (CCPA).
You have specific legal rights under the CCPA which differ from the rights granted to individuals based in the UK and EEA. These include:
- Access and delete: the rights to access and delete information as described above are limited to the personal information that we have collected over the previous 12 months and are subject to the exceptions set out in the CCPA
- Opt-out of sale of information: although you have the right to opt-out of the sale of your personal information, this is not something that we do
- Non-discrimination: you have the right not to be discriminated against for having exercised your rights under the CCPA. This means that we will not: deny you access to our Products or Apps; charge you or your organisation a different price for any content available within our Products or Apps; deny you any benefits or charge any penalties; or provide you with a different user experience to any other users
To exercise any of your rights under the CCPA you, or another person registered with the California Secretary of State that has been authorised by you, should contact us using the details set out above.
We confirm that we have not sold any of your personal information in the past 12 months.
The CCPA describes many of the activities we routinely undertake in relation to personal information as disclosures to third parties for a ‘business purpose’. We enter into contracts with such third parties which require them to keep your personal information confidential and not use it for any purpose other than to provide their services to us. In the past 12 months, we have disclosed all the categories of personal information listed earlier in this notice to our technical service providers for the purposes of hosting our application, taking payments, detecting and protecting against security incidents and debugging to identify and repair errors.
CHANGES TO THIS FAIR PROCESSING NOTICE
This fair processing notice was last updated on March 12, 2021. We are able to provide historic versions of this notice to you on request.
We may change this fair processing notice to reflect changes to the law, the way we conduct our business or the functionality of our Products or Apps.
Please contact us, if you have any questions about this fair processing notice or the information we hold about you.
If you wish to contact us, please send an email to email@example.com write to:
B & W Group Ltd
Or call 0800 232 1513
DO YOU NEED EXTRA HELP?
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see ‘How to contact us’ above).