VELOCITY PRIVACY POLICY FOR SHOPPERS

PRIVACY POLICY

1. WHAT IS DARIUS ?

“DARIUS™” is a cloud based shopper engagement platform for businesses to engage with their customers. It interacts with various devices (including technology which may be able to determine your location) for the purposes of gathering information which is useful for marketing purposes.

The software is owned by Darius Technologies DAC and provided by [Velocity Worldwide UK Ltd as a distributor] (“we”, “us”, “our”) and is being provided on behalf of The Octagon Centre (“Business”). We are registered with the Information Commissioner’s Office. Our number is Z3510090

2. WHAT IS THIS POLICY?

This policy sets out what data may be collected from you when you use DARIUS™ and how that data might be used.

By using DARIUS™, you are agreeing that we may collect the data referred to in this policy and use such information in accordance with this policy. If you don’t consent, you mustn’t use DARIUS™. If you are concerned about whether or not we hold your data, or if you don’t want us to use any Personal Data which you think we might hold about you, please let us know by emailing us at the address below. If you have any questions in relation to our privacy policy, please contact us by post at the above address or by email to support@velocityww.com.

3. HOW DO YOU KNOW IF YOU ARE USING DARIUS ?

You are using DARIUS™: -

  • if you respond to a campaign or promotion which has been published, or specifically sent to you using our software. (You might see the campaign or promotion on a social media site or on some other communication channel, such as by email or SMS); -
  • if you download any app which we may make available to you at the request of the Business; -
  • if you provide us (whether directly, or through the Business) with details by which you can be identified; or -
  • if you agree to set up a shopper account with us or the Business.

You will not be identifiable on DARIUS™ unless a shopper account has been set up for you. This may happen in 2 ways:

(i) if we have been passed your details by the Business for the purposes of setting up a shopper account; or

(ii) if you agree to provide us with Personal Data when the option is made available to you.

4. WHAT DO THE DEFINED TERMS MEAN IN THIS POLICY?

Anywhere you see these words with capitalised letters in this policy they will have these meanings:-

Data Subject means the individual who the Personal Data is about;

DPA ” means the Data Protection Act 1998;

our Services ” means the provision of DARIUS ;

Personal Data ” means data by which you can be identified, and includes sensitive personal data as such term is defined in the DPA.

Throughout this policy, any reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it; words in the singular include the plural and in the plural include the singular; and references to “including” and “include(s)” shall be deemed to mean respectively, “including without limitation” and “include(s) without limitation” .

5. WHAT INFORMATION IS COLLECTED THROUGH DARIUS ?

We may collect and process the following data about you, some of which may include Personal Data:

i. any information we receive from the Business which may include your name, online contact information, responses given by you to any surveys provided by or on behalf of the Business, shopping preferences, any details provided by you to the Business for the purposes of setting up a shopper account, which may include: gender, age, survey responses and loyalty account information, (altogether, any such data, “Shopper Data”); and

ii. details of your use or interaction with DARIUS™. This may include:

a. PERSONAL DATA AND CONTACT INFORMATION: such as your name, address, telephone number, online contact information, gender, age which you disclose to us;

b. INFORMATION ABOUT YOUR OPINIONS AND PREFERENCES: such as responses given by you to any surveys which we publish or send to you;

c. TRAFFIC DATA: which may identify your movements online;

d. LOCATION DATA: using beacons, facial recognition software, car number plate recognition software or other similar technology, which may locate you within the area of the Business or surrounding neighbourhood, data collected from; and

e. TRANSACTIONAL DATA: which may include details of any purchases you make from the Business whether online or not and any promotions that you take advantage of, (altogether, any such data, “ Shopper Information ”).

6. HOW WILL THE BUSINESS USE SHOPPER INFORMATION?

The Business may use the Shopper Information (along with the Shopper Data) for marketing purposes for its services and the products or services of retailers associated with it or other businesses . This may include:

- contacting you by email, SMS, social media (and potentially by other communication channels which may become available in the future) to provide you with competitions, deals and information about products and events);

- tailoring its marketing to you (whether via advertisements or promotions in store or online or special offers or offers sent to you). This may include by undertaking analysis of your shopping habits and preferences; - the use of aggregate data for market research and data mining purposes. The Business may ask a third party to use the Shopper Information in order to provide these marketing services on its behalf. If you want to withdraw your consent or stop the Business using Personal Data related to you, you must contact the Business directly using the details provided in any marketing communication you receive from the Business.

7. HOW WILL WE USE THE PERSONAL DATA COLLECTED ON DARIUS ?

As part of our agreement with the Business to provide DARIUS , we might also have agreed to store any data which the Business has given us, or which is collected using DARIUS and permit the Business (including its employees and sub-contractors) to use the data for the marketing purposes set out above (together, “ our Services ”).

In addition to using the data to provide our Services, we may also use the data (including Personal Data) which we hold about you in the following ways:

i. to enable you to interact with the Business;

ii. for the purposes of resolving any disputes which may arise in respect of the provision of our Services;

iii. to ensure that our Services are presented in the most effective manner for you;

iv. for research purposes (including data mining), provided that any such data will be anonymised before it is used for these purposes; and

v. to notify you about changes to our Services.

8. WILL THE PERSONAL DATA COLLECTED ON DARIUS BE DISCLOSED TO ANYONE ELSE?

We will not disclose your Personal Data to third parties (other than the Business) for marketing purposes and we do not authorise the Business to disclose your Personal Data to third parties for marketing purposes, in either case, unless you have expressly consented to it.

While we will always notify any third parties to which we transfer your Personal Data for marketing purposes, the extent of the consents we have received, we cannot accept any liability for the acts and/or omissions of any such third party (including the Business). As such, if you do consent to any such transfer, you acknowledge and agree that you do so at your own risk.

We may disclose your Personal Data to third parties for the following purposes:

a. to our licensors, employees and third parties who are contracted to provide services to us to assist us in the provision of DARIUS . Any employees and/or data processors contracted by us will be subject to strict contractual requirements only to use your personal data in accordance with our privacy policy.

b. in the event that we sell or buy any business or assets. We will never sell your Personal Data as a sole asset; and/or

c. if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements or to protect the operation of our website, or the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

The Business shall also have equivalent rights to those set out above. We (and the Business) may disclose aggregate data to third parties for analysis and market research purposes. Any data so disclosed will not contain Personal Data.

9. WHAT SECURITY PROCEDURES DO YOU HAVE IN PLACE?

It is our policy to ensure that all Personal Data held by us is handled correctly and appropriately according to the nature of the information, the risk associated with mishandling the data, including the damage that could be caused to an individual as a result of loss, corruption and/or accidental disclosure of any such data, and in accordance with any applicable legal requirements. We undertake regular security and risk reviews and we monitor all of the controls that we have in place to ensure the security, accuracy and integrity of the Personal Data we hold. We also endeavour to ensure that such data is only accessed by authorised personnel for a legitimate purpose (in accordance with our privacy policy). We have a set of formal procedures that must be adhered to within our organisation to ensure that security standards are maintained and that data privacy is respected.

10. WHERE IS THE PERSONAL DATA COLLECTED ON DARIUS STORED?

We are an international company with teams in the US and in the EU, and servers in the US and in Dublin. Our policy is to store any Personal Data collected from shoppers in the EU entirely within the EU. However, from time to time, we may need to transfer Personal Data outside the EU for internal business purposes or to help us provide you with our services.

While we will always take steps to try to ensure that any Personal Data held by us is held safely whether inside or outside the EEA, by for instance, imposing contractual restrictions on data centres, or by dealing with data centres that have met internationally recognised data security standards, it is important to note that places outside of the EEA may have laws which offer lower levels of data protection than the UK.

By submitting any Personal Data to us, you agree to this transfer, storing or processing.

11. WHAT RIGHTS DO I HAVE IN RESPECT OF ANY PERSONAL DATA HELD ON DARIUS ?

You have the right to ask us not to process Personal Data about you for marketing purposes. If you wish to withdraw your consent, please notify us by emailing us at support@velocityww.com. A Data Subject has the right to access the information which we hold about them. The Data Subject’s right of access can be exercised in accordance with the DPA, and the Data Subject can contact us at our registered address given above. Any access request may be subject to a fee to meet our costs in providing the Data Subject with details of the information we hold about them. We may need to request further information and identification to help us comply with any such request. A Data Subject also has the right to ensure that we hold correct and up-to-date information. If you believe that any information we hold about you is incorrect or out of date, please contact us at our registered address. We may need to ask you for further information and identification to help us to comply with this request.

While we may notify the Business of any requests we receive from you in relation to any of the above, you acknowledge and agree that in relation to the Shopper Information and Shopper Data, we are acting as data processors on behalf of the Business. If you are concerned about the Business’s use of Personal Data relating to you, you must contact the Business directly.

12. WILL THE TERMS OF THIS PRIVACY POLICY EVER CHANGE?

We may change our privacy policy from time to time, so we would recommend that you review our policy before proving us with any Personal Data.

13. DOES DARIUS USE ANY COOKIES?

For information on the cookies used by us, please see our cookies policy.

14. HOW CAN YOU CONTACT US?

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@velocityww.com.