Last Updated: December, 2023
Table of Contents:
-
IMPORTANT INFORMATION AND WHO WE ARE
-
DATA WE COLLECT ABOUT YOU
-
HOW IS YOUR PERSONAL DATA COLLECTED?
-
HOW WE USE YOUR PERSONAL DATA
-
DISCLOSURE OF YOUR PERSONAL DATA
-
DATA SECURITY
-
DATA RETENTION
-
COOKIES
-
YOUR LEGAL RIGHTS
-
GLOSSARY
Welcome to the Upgraders’ privacy policy.
Upgraders respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
1. IMPORTANT INFORMATION AND WHO WE ARE
1.1 Purpose of this privacy policy. This privacy policy aims to give you information on how Upgraders collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to any or our services, or purchase a product or service, or interact with our website in any other way.
1.2 Controller. Upgraders is made up of different legal entities, details of which can be found in the Terms of Use available on this website. This privacy policy is issued on behalf of the Upgraders Group so when we mention "Upgraders”, "we", "us" or "our" in this privacy policy, we are referring to the relevant company in the Upgraders Group responsible for processing your data. Upgraders Limited, a company registered in Scotland with its registry number SC726866 and registered address at 1 Rutland Court, Edinburgh, Scotland EH3 8EY is the controller and responsible for this website.
1.3 Contact details. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.
Company name: Upgraders Limited
Address: 58 Morrison St, Edinburgh, Scotland EH3 8BP
Telephone: +44 131 380 6280
Email: contact@upgraders.com
1.4 Changes to the privacy policy. We keep our privacy policy under regular review. To stay up to date on any changes, check this webpage periodically. This version was last updated on the date specified above.
1.5 Your duty to inform us of changes. 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.
1.6 Third-party links. This website may include 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 policy of every website you visit.
1.7 Complaints. You have the right to make a complaint at any time to the relevant data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach the relevant authority so please contact us in the first instance.
2. DATA WE COLLECT ABOUT YOU
2.1 Definition. 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).
2.2 Types of personal data we collect. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
2.2.1 Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
2.2.2 Contact Data includes billing address, delivery address, email address and telephone numbers.
2.2.3 Financial Data includes bank account and payment card details.
2.2.4 Transaction Data includes details of products and services you have purchased from us.
2.2.5 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.
2.2.6 Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
2.2.7 Usage Data includes information about how you use our website, products and services.
2.2.8 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
2.3 Aggregated Data. We may collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.
2.4 Children's Data. Our products and services are directed at adults aged 18 years and over, and not intended for children. This website is not intended for children and we do not knowingly collect data relating to this age group.
2.5 Special Categories of Personal Data. 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.
2.6 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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
3.1 We use different methods to collect data from and about you including through:
3.1.1 Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you order our products, create an account on our website; subscribe to our service or publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us feedback or contact us.
3.1.2 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. Please check our cookie policy available on our website for further details.
3.1.3 Third parties or publicly available sources. We may receive personal data about you from various third parties, including advertising networks, analytics providers and search information providers who may provide us with information about. If you log in to your account on our website using your social network account (including Facebook or Google) we will receive relevant information that is necessary for us to enable our services and authenticate your access. The social network will provide us with access to certain information that you have provided to them, including your name, profile image and email address, in accordance with the social network service provider’s privacy policy. We use such information, together with any other information you directly provide to us when registering your account or using our website, to create your account and to communicate with you about the information, products and services that you request from us. You may also be able to specifically request that we have access to the contacts in your social network account.
4. HOW WE USE YOUR PERSONAL DATA
4.1 Lawful Basis. 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;
- where we need to comply with a legal obligation.
Check the Glossary below to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
4.2 Purposes for which we will use your personal data. We have set out below 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. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest
|
| To register you as a new customer |
(a) Identity
(b) Contact |
Performance of a contract with you |
To process and deliver your order including:
-
Managing payments, fees and charges
-
Collecting and recovering money owed to us
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications |
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us) |
|
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|
|
To enable you to partake in a prize draw, competition or complete a survey
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|
|
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
|
(a) Necessary for our legitimate interests (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)
(b) Necessary to comply with a legal obligation
|
|
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
|
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
|
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
|
|
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
|
(a) Technical
(b) Usage
|
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
|
|
To make suggestions and recommendations to you about goods or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
|
Necessary for our legitimate interests (to develop our products/services and grow our business)
|
4.3 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 requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
4.4 Third-party marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
4.5 Opting out. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
4.6 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 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. DISCLOSURE OF YOUR PERSONAL DATA
5.1 We may share your personal data with third parties including:
5.1.1 affiliates, our group entities, subsidiaries, business partners, suppliers and subcontractors for the performance and execution of any contract we enter into with them or you;
5.1.2 advertisers and advertising networks to select and serve relevant adverts to you and others with your consent;
5.1.3 analytics and search engine providers that assist us in the improvement and optimisation of our site; and
third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively,
5.1.4 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 policy. .
5.2 We may also disclose your personal data to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, a court order, a request for law enforcement authorities or in order to enforce or apply our Customer Agreement and other applicable agreements.
5.3 If you would like to get further information about who we have shared your data with, or to be provided with a list specific to you, you can request this by writing to us using the contact details specified above.
5.4 In order to provide our services and goods available to you, it is sometimes necessary for us to transfer your data within the Upgraders Group and/or to the third parties outlined above that are based outside of the UK and EEA. In these cases, we ensure that appropriate safeguards are in place
6. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 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.
7. DATA RETENTION
7.1. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, 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, regulatory, tax, accounting or other requirements.
7.2 In some circumstances you can ask us to delete your data: see your legal rights below for further information.
7.3 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.
8. COOKIES
We utilize "cookies" which, if you allow their use, store small amounts of data on your computer when you visit the Site. Cookies assist us in tracking which of features of the Site you like best. Therefore, cookies enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser settings. Our Site is viewable even if you disable the cookie function on your browser. However, if you disable cookies, main functionality like account login and checkout will not work.
We may use cookies for a number of purposes, including but not limited to: keeping track of preferences you specify while you are using the Site; delivering advertisements and content relevant to your interests; providing general internal and customer analytics; maintaining information in both identifiable and anonymous forms; accessing your information when you "sign in" to provide you with customized content; conducting research to improve our content, products and services; supporting security measures such as requiring re-logging into the Site after a certain amount of time has elapsed; and assisting in identifying possible fraudulent activities.
Part of this technology utilizes internet "cookies." Cookies are stored on your hard drive in the form of a text file. Most cookies are "session cookies" meaning that are automatically deleted when you close your browser. Other cookies are called "persistent" because they do not expire. Typically, these cookies allow us to provide targeting information about products and pricing. However, you can easily remove them by following the directions in your browser's help file. While this statistical data is collected, it is important to note that we do not sell, rent or lease any of your personal information.
9. YOUR LEGAL RIGHTS
Subject to applicable laws, you may have certain rights regarding the information we hold about you. Your rights can be exercised in accordance with the relevant data protection legislation. You may have the right to
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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: (i) if you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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; (iv) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
9.6 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.
9.7 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 or have any questions in relation to our use of your personal information, please contact us.
10. GLOSSARY
“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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
“Performance of 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.
“Comply with a legal obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
