Protecting Your Privacy

• Cave Capital Ltd.

  CONTENTS OF PRIVACY NOTICE

  1. Introduction
  2. What is Cave Capital Ltd.?
  3. Explaining the legal bases we rely on
  4. When do we collect your personal data?
  5. What sort of personal data do we collect?
  6. How and why do we use your personal data?
  7. Combining your data for personalised direct marketing
  8. How we protect your personal data
  9. How long will we keep your personal data?
  10. Who do we share your personal data with?
  11. Where your personal data may be processed
  12. What are your rights over your personal data?
  13. How can you stop the use of your personal data for direct marketing?
  14. Contacting the Regulator
  15. If you live outside the UK
  16. Any questions?
• 1. Introduction

  This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data, and keep it safe.

  We know that there’s a lot of information here, but we want you to be fully informed about your rights, and how Cave Capital Ltd. uses your data; for example we will explain things such as our credit checking procedure, and how we combine data across Cave Capital Ltd. to build a picture of you. 

  We hope the following sections will answer any questions you have but if not, please do get in touch with us.

  It’s likely that we’ll need to update this Privacy Notice from time to time. We’ll notify you of any significant changes, but you’re welcome to come back and check it whenever you wish.

  These Terms govern the user’s (“Customer”, “you”, or “your”) use of the websites, platform, applications and software owned and/or operated by Cave Capital Ltd. (“Company”, “we”, “us” or “our”), to which these Terms are linked or referenced to, including all content, features and functionality, and related services (collectively, the “Services”, as further defined hereafter). These Terms apply whether you are accessing the Services via a personal computer, wireless or mobile device, or any other technology or device. If you do not agree to these Terms, do not access or use the Services. The acceptance of these Terms and the execution of one or more Order Confirmation(s) (as defined below forms the “Agreement”. For the purposes of these Terms, Customer and Company may be referred to herein individually as a “Party” and collectively as the “Parties”.

  We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services; modify and/or waive any Fees (as defined hereafter) charged in connection with the Services; and/or make available opportunities to some or all users of the Services. You agree that the Company shall not be liable to you or to any other person for any modification, suspension or discontinuance of the Services or any component thereof.

  When you (The Customer) are using Cave Capital’s Services, the owner of Customer Data (whether the Customer or a third party) will, for the purposes of the General Data Protection Regulations, be the Data Controller and that Company will be a data processor, and in such case:

  (a) Company will process such personal data only in accordance with its Privacy Policy (which is hereby incorporated into this Agreement) and the Customer’s lawful instructions as such instructions are given and varied from time to time;

  (b) the Customer warrants that it is entitled to grant Company access to the relevant personal data so that Company may lawfully process the personal data in accordance with this Agreement on the Customer’s behalf; and

  (c) the Customer warrants that it will ensure the relevant data subject (as such term is defined in the General Data Protection Regulations) has been informed of, and has given his/her consent to, such processing by Company as required by all applicable data protection legislation, with Cave Capital Ltd. being the data processor.

  Regarding Confidential Information.

  (a) Each Party hereto may be allowed access to the confidential or otherwise proprietary information of the other Party which is either (i) marked as confidential or proprietary or (ii) not marked or disclosed as confidential, but should reasonably understood to be confidential due to the nature of the disclosed information and/or the circumstances surrounding disclosure (“Confidential Information”). For the purposes of this Section, the Party that receives Confidential Information in the performance or receipt of Services shall be referred to as the “Receiving Party” and the party that discloses Confidential Information shall be referred to as the “Disclosing Party”.

  (b) Confidential Information shall include, but shall not be limited to information relating to the Disclosing Party’s (including that of its Affiliates or subsidiaries) business, finances, technology, products, pricing, services, strategies, customers, trade secrets, know-how, ideas and inventions, designs, drawing, specifications, roadmaps, strategies in whatever form maintained or disclosed, whether documentary, computerized, electronic, oral or otherwise which (iii) is or has been disclosed to the Receiving Party whether prepared by the Disclosing Party and/ or its advisors, agents, or otherwise, or (iv) are prepared by the Receiving Party, its representatives, or others and that contain or otherwise reflect or are based upon, in whole or in part, any of Disclosing Party’s  Confidential Information. The Receiving Party agrees that it will maintain the secrecy of any Confidential Information disclosed by the Disclosing Party to the Receiving Party. The Receiving Party agrees that it shall not use any Confidential Information for any purpose other than the performance or receipt of Services hereunder. The Receiving Party agrees that the Disclosing Party shall remain the sole owner of all Confidential Information it disclosed and that nothing contained herein shall be construed as granting to the Receiving Party any right, title or license to use or possess any Confidential Information for any purpose other than the performance or receipt of Services hereunder.

  (c) The term “Confidential Information” shall not include any information that is: (i) proven to be already known to or rightfully in the possession of the Receiving Party or its Personnel at the time of disclosure by the Disclosing Party, (ii) publicly available or otherwise in the public domain through no breach of this Agreement, or (iii) rightfully obtained by the Receiving Party from any third party without restriction and who is entitled to disclose such information.  Notwithstanding the foregoing, the Receiving Party shall be entitled to disclose Confidential Information as required pursuant to judicial action, or governmental regulations or other requirements; provided that the Receiving Party has notified the Disclosing Party prior to such disclosure and used commercially reasonable efforts to cooperate with the Disclosing Party’s attempts to contest and avoid such disclosure, at the Disclosing Party’s sole expense.

  (d) Immediately upon termination of this Agreement or any applicable Order Confirmation, or at any time upon written request from the Disclosing Party, the Receiving Party agrees that it will immediately deliver to the Disclosing Party, in a format reasonably chosen by the Disclosing Party, or at the option of the Disclosing Party destroy, all documents and materials containing any Confidential Information and provide a written certification of destruction. Notwithstanding the foregoing, (i) the Receiving Party shall be permitted to retain copies of the Disclosing Party’s Confidential Information solely for archival, audit, disaster recovery, legal and/or regulatory purposes, and (ii) neither Party will be required to search archived electronic back-up files of its computer systems for the other Party’s Confidential Information in order to purge the other such Party’s Confidential Information from its archived files; provided further, that any Confidential Information so retained will (x) remain subject to the obligations and restrictions contained in this Agreement, (y) will be maintained in accordance with the Receiving Party’s document retention policies and procedures, and (z) the Receiving Party will not use the retained Confidential Information for any other purpose.

   

• 2. What is Cave Capital Ltd.?

  Cave Capital Ltd. – which we’ll refer to as ‘Cave Capital’ in this document – is made up of a number of related services.

  (a) Company agrees to provide the Customer with the Services which shall include the use of Company’s proprietary software (“Software”) and access to its proprietary products (“Products”). The Services may be further defined in one or more order confirmation(s) (each “Order Confirmation(s)”) or the Customer shall have the option to purchase the Services through an online checkout portal by selecting the Services and agreeing to these Terms. Either method of ordering shall be incorporated into and made a part of this Agreement by this reference and called the “Order.”  

  (b) Customer may only adjust the Services ordered by executing a new or revised Order Confirmation or through an online checkout portal.  Changes to the Services may result in an adjustment to the Fees, and will be subject to the following: (i) the term for the new Fees and new Service(s) will be coterminous with the pre-existing Term (as defined hereafter); (ii) Fees will be the then current Fees set by Company; (iii) any increase to the Fees which results from changes made in the middle of a billing month will be charged in full on a pro-rated basis for the portion of the billing month following such change; and (iv) any reduction in Fees that results from changes made in the middle of a billing month will not take effect until the next billing month and no partial refunds will be given.      

  Customer agrees to pay Company the fees (“Fees”) as set forth in each applicable Order Confirmation or online checkout portal pursuant to the payment schedule contained therein. Customer acknowledges and agrees that any failure by Customer to make any timely payment(s) may result in Company suspending its provision of Services and restricting Customer’s access to the Software or Products. The Parties agree that such suspension or restriction shall not be considered a breach of this Agreement or any Order Confirmation.  If Customer repeatedly fails to pay any Fees which are due to Company, in addition to its other rights and remedies contained herein, Company shall have the right to terminate this Agreement and all order (including any Orders Confirmations then in effect at the time of termination) without any liability to Customer.

  (c) In the event of any conflict between these Terms and those contained in an Order Confirmation, the terms contained in the applicable Order Confirmation shall control.

• 3. Explaining the legal basis we rely on, including the Amazon Data Protection Policy

  The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:

  Consent

  In specific situations, we can collect and process your data with your consent.

  For example, when you tick a box to receive email newsletters.

  When collecting your personal data, we’ll always make clear to you which data is necessary in connection with a particular service.

  Contractual obligations

  In certain circumstances, we need your personal data to comply with our contractual obligations.

  For example, if you order a service from us, we’ll collect your payment details to deliver your purchase request via our chosen payment partner.

  Legal compliance

  If the law requires us to, we may need to collect and process your data.  

  For example, we can pass on details of people involved in fraud or other criminal activity affecting the Cave Capital to law enforcement.

  Legitimate interest

  In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.

  For example, we will use your purchase history to send you or make available personalised offers. 

  We will also use your email address details to send you direct marketing information, telling you about products and services that we think might interest you.

  Amazon Data Protection Policy (DPP)

  Being a provider of Services that relies on the provision of data direct from Amazon to The Customer, the Amazon Data Protection Policy (“DPP”) governs the treatment (e.g., receipt, storage, usage, transfer, and disposition) of the data vended and retrieved through the Marketplace APIs (including the Marketplace Web Service APIs). As such, the requirements necessary for management and compliance of such data is set out in the DPP. It includes General Security Requirements consistent with industry-leading security standards and other requirements specified by Amazon based on the classification and sensitivity of Amazon Information, requiring The Company to maintain physical, administrative, and technical safeguards, and other security measures (i) to maintain the security and confidentiality of Amazon Information accessed, collected, used, stored, or transmitted by a Developer, and (ii) to protect that information from known or reasonably anticipated threats or hazards to its security and integrity, accidental loss, alteration, disclosure, and all other unlawful forms of processing.

  The Company, as a Developer, seeks to unreservedly comply with the DPP requirements for Network Protection, Access Management, Encryption in Transit (where necessary), Incident Response Plan and Request for Deletion and Return.

  In addition, the Company seeks to unreservedly comply in full with the additional security requirements, specific to Personally Identifiable Information – this means (where necessary) – that the entire data store must comply with:

  Data retention and Recovery, in retaining PII only for the purpose of, and as long as is necessary to fulfill orders (no longer than 30 days after order shipment), or to calculate/remit taxes. If the Company is required by law to retain archival copies of PII for tax or similar regulatory purposes, this archived Amazon Information must be stored as a “cold” or offline (e.g., not available for immediate or interactive use) backup stored in a physically secure facility, and all archived data on backup media must be encrypted. In the event that PII is lost, the Company must be able to recover all PII lost (i.e., the data is erased or unavailable for processing due to system crash or ransomware);

  Data Governance, where the Company must create, document, and abide by a privacy and data handling policy for their Applications or services which govern the appropriate conduct and technical controls to be applied in managing and protecting information assets. The Company keeps an inventory of software and physical assets (e.g. computers, mobile devices) with access to PII, and updates it regularly. A record of data processing activities such as specific data fields and how they are collected, processed, stored, used, shared, and disposed for all PII Information will established where necessary and maintained to establish accountability and compliance with regulations. The Company will abide by this privacy policy for customer consent and data rights to access, rectify, erase, or stop sharing/processing their information where applicable or required by data privacy regulation;

  Encryption and Storage, where the Company must encrypt all PII at rest (e.g., when the data is persisted) using industry best practice standards (e.g. using either AES-128, AES-256, or RSA with 2048-bit key size (or higher). The cryptographic materials (e.g., encryption/decryption keys) and cryptographic capabilities (e.g., daemons implementing virtual Trusted Platform Modules and providing encryption/decryption APIs) used for encryption of PII at rest must be only accessible to the Developer’s processes and services. The Company must not store PII in removable media (e.g., USB) or unsecured public cloud applications (e.g., public links made available through Google Drive). The Company must securely dispose of any printed documents containing PII;

  The Least Privilege Principle, where the Company implement fine-grained access control mechanisms to allow granting rights to any party using the Application (e.g., access to a specific set of data at its custody) and the Application’s operators (e.g., access to specific configuration and maintenance APIs such as kill switches) following the principle of least privilege. Application sections or features that vend PII must be protected under a unique access role, and access should be granted on a “need-to-know” basis;

  Logging and Monitoring, where the Company gathers logs to detect security-related events (e.g., access and authorization, intrusion attempts, configuration changes) to their Applications and systems where necessary, and where necessary, having access controls to prevent any unauthorized access and tampering throughout their lifecycle. The logs themselves should not contain PII and must be retained for at least 90 days for reference in the case of a Security Incident and the company will build and maintina mechanisms to monitor the logs and all system activities to trigger investigative alarms on suspicious actions (e.g., multiple unauthorized calls, unexpected request rate and data retrieval volume, and access to canary data records). The Company, where necessary, will perform investigation when monitoring alarms are triggered, and this should be documented in the Developer’s Incident Response Plan.

  The Company will also build records and maintain books appropriate to verifying compliance with the Acceptable Use Policy, Data Protection Policy and the Amazon Marketplace Developer Agreement during the period of the agreement and for 12 months after, such that, on Amazon’s written request, the Company can certify in writing to Amazon that it is in compliance with these policies.

• 4. When we collect Customer Data

  Customer Data.

  (a) The term “Customer Data” shall include, without limitation, data related to adword campaigns, inventory and pricing information, account performance, (from either Customer or any Merchant), sales tax calculation, transaction settlement or any other data that Customer submits to the Software or Products in the course of using the Services.

  (b) Customer hereby grants Company a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, perform, transmit and publish Customer Data for the sole and exclusive purposes of (i) processing Customer Data in connection with providing the Service to Customer, and (ii) storing or hosting the Customer Data in a remote database or on the Software for access by Customer.  Customer Data is not shared with other customers, or with any other third party by Company; provided that Company reserves the right to use Customer Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its Services for its own machine learning and artificial intelligence processes as long as such metrics, data and trends do not contain uniquely identifiable Customer Data.

  (c) Customer shall have sole responsibility for the accuracy, and quality of all Customer Data. Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.  Use of the Services by Customer is subject to existing laws and legal processes.  Nothing contained in this Agreement will limit Company’ right to comply with governmental, court and law enforcement requests or requirements relating to Customer’s use of the Services, which may include disclosing any Customer Data to the applicable authorities.

  (d) Notwithstanding the foregoing or anything to the contrary contained herein, Customer acknowledges and agrees that Company may share non-personal and non-confidential identifiers, such as the advertiser or seller id, with third parties for purposes of troubleshooting and auditing.

  Instances would be:

  • When you visit any of our websites, and use your account to buy products and services, or redeem coupons from our partners online.
  • When you make an online purchase and check out as a guest (in which case we just collect transaction-based data).
  • When you create an account with us.
  • When you engage with us on social media.
  • When you download or install our software. 
  • When you contact us by any means with queries via our ‘Help’ icon, or to make complaints etc.
  • When you enter prize draws or competitions.
  • When you choose to complete any surveys we send you. 
  • When you comment on or review our products and services.
  • Any individual may access personal data related to them, including opinions. So if your comment or review includes information about the Partner who provided that service, it may be passed on to them if requested.
  • When you fill in any forms.
  • When you’ve given a third party permission to share with us the information they hold about you.

  In addition and specific to Personally Identifiable Information – this means (where necessary) – that the entire data store must comply with:

  Data retention and Recovery, in retaining PII only for the purpose of, and as long as is necessary to fulfill orders (no longer than 30 days after order shipment), or to calculate/remit taxes. If the Company is required by law to retain archival copies of PII for tax or similar regulatory purposes, this archived Amazon Information must be stored as a “cold” or offline (e.g., not available for immediate or interactive use) backup stored in a physically secure facility, and all archived data on backup media must be encrypted. In the event that PII is lost, the Company must be able to recover all PII lost (i.e., the data is erased or unavailable for processing due to system crash or ransomware);

  Data Governance, where the Company must create, document, and abide by a privacy and data handling policy for their Applications or services which govern the appropriate conduct and technical controls to be applied in managing and protecting information assets. The Company keeps an inventory of software and physical assets (e.g. computers, mobile devices) with access to PII, and updates it regularly. A record of data processing activities such as specific data fields and how they are collected, processed, stored, used, shared, and disposed for all PII Information will established where necessary and maintained to establish accountability and compliance with regulations. The Company will abide by this privacy policy for customer consent and data rights to access, rectify, erase, or stop sharing/processing their information where applicable or required by data privacy regulation;

  Encryption and Storage, where the Company must encrypt all PII at rest (e.g., when the data is persisted) using industry best practice standards (e.g. using either AES-128, AES-256, or RSA with 2048-bit key size (or higher). The cryptographic materials (e.g., encryption/decryption keys) and cryptographic capabilities (e.g., daemons implementing virtual Trusted Platform Modules and providing encryption/decryption APIs) used for encryption of PII at rest must be only accessible to the Developer’s processes and services. The Company must not store PII in removable media (e.g., USB) or unsecured public cloud applications (e.g., public links made available through Google Drive). The Company must securely dispose of any printed documents containing PII;

  The Least Privilege Principle, where the Company implement fine-grained access control mechanisms to allow granting rights to any party using the Application (e.g., access to a specific set of data at its custody) and the Application’s operators (e.g., access to specific configuration and maintenance APIs such as kill switches) following the principle of least privilege. Application sections or features that vend PII must be protected under a unique access role, and access should be granted on a “need-to-know” basis;

  Logging and Monitoring, where the Company gathers logs to detect security-related events (e.g., access and authorization, intrusion attempts, configuration changes) to their Applications and systems where necessary, and where necessary, having access controls to prevent any unauthorized access and tampering throughout their lifecycle. The logs themselves should not contain PII and must be retained for at least 90 days for reference in the case of a Security Incident and the company will build and maintain mechanisms to monitor the logs and all system activities to trigger investigative alarms on suspicious actions (e.g., multiple unauthorized calls, unexpected request rate and data retrieval volume, and access to canary data records). The Company, where necessary, will perform investigation when monitoring alarms are triggered, and this should be documented in the Developer’s Incident Response Plan.

  The Company will also build records and maintain books appropriate to verifying compliance with the Acceptable Use Policy, Data Protection Policy and the Amazon Marketplace Developer Agreement during the period of the agreement and for 12 months after, such that, on Amazon’s written request, the Company can certify in writing to Amazon that it is in compliance with these policies.

• 5. What Personal Information (PII) we collect

  Personal Information.

  The Company does not collect any personally identifiable information, as such term is defined in the General Data Protection Regulations, (“PII”) and Customer warrants that it will not input any PII into the Platform. Company’ privacy policy may be viewed online on the Company website. Company reserves the right to modify its privacy policy.  If Company processes any PII on Customer’s behalf when performing its obligations under this Agreement, the Parties record their intention that the owner of Customer Data (whether the Customer or a third party) will, for the purposes of the General Data Protection Regulations, be the Data Controller and that Company will be a data processor, and in such case:

  (a) Company will process such personal data only in accordance with its Privacy Policy (which is hereby incorporated into this Agreement) and the Customer’s lawful instructions as such instructions are given and varied from time to time;

  (b) the Customer warrants that it is entitled to grant Company access to the relevant personal data so that Company may lawfully process the personal data in accordance with this Agreement on the Customer’s behalf; and

  (c) the Customer warrants that it will ensure the relevant data subject (as such term is defined in the General Data Protection Regulations) has been informed of, and has given his/her consent to, such processing by Company as required by all applicable data protection legislation.

  For instance:

  • Your name, gender, date of birth, billing/delivery address, orders and receipts, email and telephone number.
  • Details of your interactions with us via email, online or by using one of our software. 

  For example, we collect notes from our conversations with you, details of any complaints or comments you make, details of purchases you made.

  • Copies of documents you provide to prove your age or identity where the law requires this (including your passport and driver’s licence). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.
  • Details of your service preferences.

  For example, which of our services you prefer to use and when you use it during the day. 

  • Details of your visits to our websites or apps, and which site you came from to ours.
  • Information gathered by the use of cookies in your web browser. Learn more about how we use cookies and similar technologies.
  • Personal details which help us to recommend items of interest.

  We’ll only ask for and use your personal data collected for recommending services of interest and to tailor your user experience with us. Of course, it’s always your choice whether you share such details with us. 

  • Payment card information.
  • Your comments and product reviews. 
  • To deliver the best possible web experience, we collect technical information about your internet connection and browser as well as the country and telephone code where your computer is located, the web pages viewed during your visit, the advertisements and links you clicked on, and any search terms you entered. Learn more about this.
  • Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.

  In addition and specific to Personally Identifiable Information – this means (where necessary) – that the entire data store must comply with:

  Data retention and Recovery, in retaining PII only for the purpose of, and as long as is necessary to fulfill orders (no longer than 30 days after order shipment), or to calculate/remit taxes. If the Company is required by law to retain archival copies of PII for tax or similar regulatory purposes, this archived Amazon Information must be stored as a “cold” or offline (e.g., not available for immediate or interactive use) backup stored in a physically secure facility, and all archived data on backup media must be encrypted. In the event that PII is lost, the Company must be able to recover all PII lost (i.e., the data is erased or unavailable for processing due to system crash or ransomware);

  Data Governance, where the Company must create, document, and abide by a privacy and data handling policy for their Applications or services which govern the appropriate conduct and technical controls to be applied in managing and protecting information assets. The Company keeps an inventory of software and physical assets (e.g. computers, mobile devices) with access to PII, and updates it regularly. A record of data processing activities such as specific data fields and how they are collected, processed, stored, used, shared, and disposed for all PII Information will established where necessary and maintained to establish accountability and compliance with regulations. The Company will abide by this privacy policy for customer consent and data rights to access, rectify, erase, or stop sharing/processing their information where applicable or required by data privacy regulation;

  Encryption and Storage, where the Company must encrypt all PII at rest (e.g., when the data is persisted) using industry best practice standards (e.g. using either AES-128, AES-256, or RSA with 2048-bit key size (or higher). The cryptographic materials (e.g., encryption/decryption keys) and cryptographic capabilities (e.g., daemons implementing virtual Trusted Platform Modules and providing encryption/decryption APIs) used for encryption of PII at rest must be only accessible to the Developer’s processes and services. The Company must not store PII in removable media (e.g., USB) or unsecured public cloud applications (e.g., public links made available through Google Drive). The Company must securely dispose of any printed documents containing PII;

  The Least Privilege Principle, where the Company implement fine-grained access control mechanisms to allow granting rights to any party using the Application (e.g., access to a specific set of data at its custody) and the Application’s operators (e.g., access to specific configuration and maintenance APIs such as kill switches) following the principle of least privilege. Application sections or features that vend PII must be protected under a unique access role, and access should be granted on a “need-to-know” basis;

  Logging and Monitoring, where the Company gathers logs to detect security-related events (e.g., access and authorization, intrusion attempts, configuration changes) to their Applications and systems where necessary, and where necessary, having access controls to prevent any unauthorized access and tampering throughout their lifecycle. The logs themselves should not contain PII and must be retained for at least 90 days for reference in the case of a Security Incident and the company will build and maintain mechanisms to monitor the logs and all system activities to trigger investigative alarms on suspicious actions (e.g., multiple unauthorized calls, unexpected request rate and data retrieval volume, and access to canary data records). The Company, where necessary, will perform investigation when monitoring alarms are triggered, and this should be documented in the Developer’s Incident Response Plan.

  The Company will also build records and maintain books appropriate to verifying compliance with the Acceptable Use Policy, Data Protection Policy and the Amazon Marketplace Developer Agreement during the period of the agreement and for 12 months after, such that, on Amazon’s written request, the Company can certify in writing to Amazon that it is in compliance with these policies.

• 6. How do we use your personal data?

  We want to give you the best possible customer experience. One way to achieve that is to get the richest picture we can of who you are by combining the data we have about you.

  We then use this to offer you promotions, products and services that are most likely to interest you. In the case of longterm users, we’ll may also offer you relevant rewards or coupons.

  The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service.

  Of course, if you wish to change how we use your data, you’ll find details in the ‘What are my rights?’ section below.

  Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.

  For example, if you’ve asked us to let you know when we’ve an updated version of our software available for beta users, we can’t do that if you’ve withdrawn your general consent to hear from us.

   

  Here’s how we’ll use your personal data and why:

  • To process any orders that you make by using our websites or app. If we don’t collect your personal data during checkout, we won’t be able to process your order and comply with our legal obligations.

  For example, your details may need to be passed to a third party to supply or deliver the product or service that you ordered, and we may keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds, guarantees and so on.

  • To respond to your queries, refund requests and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience. 
  • To protect our business and your account from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard your account. We’ll also monitor your browsing activity with us to quickly identify and resolve any problems and protect the integrity of our websites. We’ll do all of this as part of our legitimate interest. 

  For example, by checking your password when you login and using automated monitoring of IP addresses to identify possible fraudulent log-ins from unexpected locations.

  • To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.

  • If we discover any criminal activity or alleged criminal activity through our use of fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts. We aim is to protect the individuals we interact with from criminal activities.
  • With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text, telephone and through our contact centre about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on.

  Of course, you are free to opt out of hearing from us by any of these channels at any time.

  • To send you relevant, personalised communications by post in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest.

  You are free to opt out of hearing from us by post at any time.

  • To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice, product recall notices, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
  • To display the most interesting content to you on our websites or apps, we’ll use data we hold about your favourite service or products and so on. We do so on the basis of your consent to receive app notifications and/or for our website to place cookies or similar technology on your device.

  For example, we might offer you recommendations based on your purchase history and any other data you’ve shared with us.

  • To administer any of our prize draws or competitions which you enter, based on your consent given at the time of entering.
  • To develop, test and improve the systems, services and products we provide to you. We’ll do this on the basis of our legitimate business interests.

  For example, we’ll record your browser’s Session ID to help us understand more when you leave us online feedback about any problems you’re having

  • To comply with our contractual or legal obligations to share data with law enforcement. 

  For example, when a court order is submitted to share data with law enforcement agencies or a court of law.

  • To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.

  Of course, you are free to opt out of receiving these requests from us at any time by updating your preferences in your online account.

  • To build a rich picture of who you are and what you like, and to inform our business decisions, we’ll combine data captured from across Cave Capital, third parties and data from publicly-available lists as we have described in the section ‘What Sort of Personal Data do we collect?’ We’ll do this on the basis of our legitimate business interest.

  For example, by combining this data, this will help us personalise your experience and decide which inspiration or content to share with you. We also use anonymised data from customer purchase histories to identify trends in different areas of the country. This may then guide which products we offer on our site.

  • For users of the Software and Products, we will decide which information to show you, with the help of computer algorithms. We do so on the basis of your consent when you become a user of our services. If you don’t want to continue receiving offers, you’ll be unable to continue using the services.

  • Sometimes, we’ll need to share your details with a third party who is providing a service (such as delivery couriers or a fitter visiting your home). We do so to maintain our appointment with you. Without sharing your personal data, we’d be unable to fulfil your request.
    Here’s more information on how we share personal data with third parties.
• 7. Combining your data for personal direct marketing

  We want to bring you offers and promotions that are most relevant to your interests at particular times. To help us form a better, overall understanding of you as a customer, we combine your personal data gathered across the Cave Capital as described above. For this purpose we also combine the data that we collect directly from you with data that we obtain from third parties to whom you have given your consent to pass that data onto us.

• 8. How we protect your personal data

  We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.

  The Company must encrypt all PII at rest (e.g., when the data is persisted) using industry best practice standards (e.g. using either AES-128, AES-256, or RSA with 2048-bit key size (or higher). The cryptographic materials (e.g., encryption/decryption keys) and cryptographic capabilities (e.g., daemons implementing virtual Trusted Platform Modules and providing encryption/decryption APIs) used for encryption of PII at rest must be only accessible to the The Company’s processes and services. The Company must not store PII in removable media (e.g., USB) or unsecured public cloud applications (e.g., public links made available through Google Drive). The Company must securely dispose of any printed documents containing PII.

   
• 9. Confidential Information
  3. Confidential Information.

  (a) Each Party hereto may be allowed access to the confidential or otherwise proprietary information of the other Party which is either (i) marked as confidential or proprietary or (ii) not marked or disclosed as confidential, but should reasonably understood to be confidential due to the nature of the disclosed information and/or the circumstances surrounding disclosure (“Confidential Information”). For the purposes of this Section 3, the Party that receives Confidential Information in the performance or receipt of Services shall be referred to as the “Receiving Party” and the party that discloses Confidential Information shall be referred to as the “Disclosing Party”.

  (b) Confidential Information shall include, but shall not be limited to information relating to the Disclosing Party’s (including that of its Affiliates or subsidiaries) business, finances, technology, products, pricing, services, strategies, customers, trade secrets, know-how, ideas and inventions, designs, drawing, specifications, roadmaps, strategies in whatever form maintained or disclosed, whether documentary, computerized, electronic, oral or otherwise which (iii) is or has been disclosed to the Receiving Party whether prepared by the Disclosing Party and/ or its advisors, agents, or otherwise, or (iv) are prepared by the Receiving Party, its representatives, or others and that contain or otherwise reflect or are based upon, in whole or in part, any of Disclosing Party’s  Confidential Information. The Receiving Party agrees that it will maintain the secrecy of any Confidential Information disclosed by the Disclosing Party to the Receiving Party. The Receiving Party agrees that it shall not use any Confidential Information for any purpose other than the performance or receipt of Services hereunder. The Receiving Party agrees that the Disclosing Party shall remain the sole owner of all Confidential Information it disclosed and that nothing contained herein shall be construed as granting to the Receiving Party any right, title or license to use or possess any Confidential Information for any purpose other than the performance or receipt of Services hereunder.

  (c) The term “Confidential Information” shall not include any information that is: (i) proven to be already known to or rightfully in the possession of the Receiving Party or its Personnel at the time of disclosure by the Disclosing Party, (ii) publicly available or otherwise in the public domain through no breach of this Agreement, or (iii) rightfully obtained by the Receiving Party from any third party without restriction and who is entitled to disclose such information.  Notwithstanding the foregoing, the Receiving Party shall be entitled to disclose Confidential Information as required pursuant to judicial action, or governmental regulations or other requirements; provided that the Receiving Party has notified the Disclosing Party prior to such disclosure and used commercially reasonable efforts to cooperate with the Disclosing Party’s attempts to contest and avoid such disclosure, at the Disclosing Party’s sole expense.

  (d) Immediately upon termination of this Agreement or any applicable Order Confirmation, or at any time upon written request from the Disclosing Party, the Receiving Party agrees that it will immediately deliver to the Disclosing Party, in a format reasonably chosen by the Disclosing Party, or at the option of the Disclosing Party destroy, all documents and materials containing any Confidential Information and provide a written certification of destruction. Notwithstanding the foregoing, (i) the Receiving Party shall be permitted to retain copies of the Disclosing Party’s Confidential Information solely for archival, audit, disaster recovery, legal and/or regulatory purposes, and (ii) neither Party will be required to search archived electronic back-up files of its computer systems for the other Party’s Confidential Information in order to purge the other such Party’s Confidential Information from its archived files; provided further, that any Confidential Information so retained will (x) remain subject to the obligations and restrictions contained in this Agreement, (y) will be maintained in accordance with the Receiving Party’s document retention policies and procedures, and (z) the Receiving Party will not use the retained Confidential Information for any other purpose.

• 10. What do we share your personal data with?

  We sometimes share your personal data with trusted third parties. 

  For example, for fraud management, to handle complaints, to help us personalise our offers to you via our email service provider and membership management plugin and so on. 

   

  Here’s the policy we apply to those organisations to keep your data safe and protect your privacy:

  • We provide only the information they need to perform their specific services.
  • They may only use your data for the exact purposes we specify in our contract with them.
  • We work closely with them to ensure that your privacy is respected and protected at all times.
  • If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

  Examples of the kind of third parties we work with are:

  • IT companies who support our website and other business systems.
  • Direct marketing companies who help us manage our electronic communications with you.
  • Google/Facebook to show you products that might interest you while you’re browsing the internet. This is based on either your marketing consent or your acceptance of cookies on our websites. See our Cookies Notice for details.
  • Data insight companies to ensure your details are up to date and accurate.  

   Sharing your data with third parties for their own purposes:

  We will only do this in very specific circumstances, for example:

  • With your consent, given at the time you supply your personal data, we may pass that data to a third party for their direct marketing purposes.

  For example, if we run a joint event with another service provider, and you agree to receive direct communications from them. 

  • For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
  • We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.
  • We may, from time to time, expand, reduce or sell the Cave Capital and this may involve the transfer of divisions or the whole business to new owners. If this happens, your personal data will, where relevant, be transferred to the new owner or controlling party, under the terms of this Privacy Notice.
  • For further information please contact our Data Protection Officer.

  To help personalise your journey through Partnership websites we currently use the following companies, who will process your personal data as part of their contracts with us:

  • Twitter
  • Instagram
  • YouTube
  • Yahoo
  • Pinterest
  • Facebook
  • Mailchimp
  • Membermouse
  • Adobe Analytics 
  • Google
• 11. Where your personal data may be processed

  Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA), such as Australia or the USA.

  International orders

  If you are based outside the UK and place an order with us, we will transfer the personal data that we collect from you to the Partnership in the UK.

  Protecting your data outside the EEA

  The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway. We may transfer personal data that we collect from you to third-party data processors in countries that are outside the EEA.

  For example, this might be required in order to fulfil your order, process your payment details or provide support services.

   If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the EEA. For example, our contracts with third parties stipulate the standards they must follow at all times. If you wish for more information about these contracts please contact our Data Protection Officer.

  Any transfer of your personal data will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice. 

• 12. What are your rights over your personal data?

  An overview of your different rights

  You have the right to request:

  • Access to the personal data we hold about you, free of charge in most cases.
  • The correction of your personal data when incorrect, out of date or incomplete.
  • For example, when you withdraw consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end (such as the end of a warranty).
  • That we stop using your personal data for direct marketing (either through specific channels, or all channels).
  • That we stop any consent-based processing of your personal data after you withdraw that consent.
  • Review by a Partner of any decision made based solely on automatic processing of your data (i.e. where no human has yet reviewed the outcome and criteria for the decision).

  You have the right to request a copy of any information about you that Cave Capital holds at any time, and also to have that information corrected if it is inaccurate. To ask for your information, please contact Data Protection Officer, 43 Rodney Road, Backwell, Somerset, BS38 3HW, or email dataprotectionofficer@dailysourcetools.com. To ask for your information to be amended, please contact our Customer Services team.

  If we choose not to action your request we will explain to you the reasons for our refusal.

  Your right to withdraw consent

  Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

  Where we rely on our legitimate interest

  In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.

  Direct marketing

  You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.

  Checking your identity

  To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

• 13. How can you stop the use of your personal data for direct marketing?

  There are several ways you can stop direct marketing communications from us:

  • Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails from that particular division.
  • Email dataprotectionofficer@dailysourcetools.com
  • Write to Cave Capital Ltd., 43 Rodney Road, Backwell, Somerset, BS48 3HW.

  Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

• 14. Contacting the Regulator

  If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

  You can contact them by calling 0303 123 1113.
  Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can’t be responsible for the content of external websites)

  If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence. Details can be found in Section 15.

   
• 15. If you live outside the UK

  For all non-UK customers

  By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.

  Sometimes we’ll need to transfer your personal data between countries to enable us to supply the goods or services you’ve requested. In the ordinary course of business, we may transfer your personal data from your country of residence to ourselves and to third parties located in the UK.

  By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes.

  This may occur because our information technology storage facilities and servers are located outside your country of residence, and could include storage of your personal data on servers in the UK.

  We’ll ensure that reasonable steps are taken to prevent third parties outside your country of residence using your personal data in any way that’s not set out in this Privacy Notice. We’ll also make sure we adequately protect the confidentiality and privacy of your personal data.

  Australia

  For the purposes of this Privacy Notice, ‘personal data’ means any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true, and whether or not the information or opinion is recorded in a material form.

  If you are in Australia you may submit any questions, comments or complaints to our UK-based Data Protection Officer who will come back to you within 30 days.

  If you are contacting us to complain about an alleged breach of this Privacy Notice or our legal privacy obligations, please provide us with as much detail as possible in relation to your complaint.  

  We will take every privacy complaint seriously and assess it with the aim of resolving all issues quickly and efficiently.  We’d be grateful for your cooperation with us during this process by providing us with any relevant information that we made need.

  If we have not come back to you within 30 days, or you are not happy with the response that you’ve received, you may submit a complaint to the Office of the Australian Information Commissioner. (opens in a new window; please note we can’t be responsible for the content of external websites.)

  We are committed to keeping your personal information secure and will take all reasonable precautions to protect it from loss, misuse or unauthorised access or alteration. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.

  Nothing in this Privacy Notice restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).  

  USA

  To learn more about our cookies and website ‘track’ and ‘do not track’ practices please see our Cookies Notice.

  Canada

  As your data may be transferred to third parties outside Canada, local police or other enforcement, regulatory or Government bodies may have access to that data, with or without our knowledge.

  The personal data we process may be accessed by people within the Partnership, or by our third-party service providers, who require access for the purposes indicated in this Privacy Notice, or as may be permitted or required by applicable law. The personal data we collect is largely held in the UK.  

  If you have any questions, please contact our Data Protection Officer.

  If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal information, you have the right to lodge a complaint with the Office of the Privacy Commissioner of Canada, (opens in a new window; please note we can’t be responsible for the content of external websites) or in some Canadian provinces, your local Privacy Commissioner.

  South Korea, Malaysia, Singapore, Qatar

  Terms used in this Privacy Notice shall have the meanings assigned to them by the Personal Data Protection Act 2010 (also known as the PDPA).  

  By placing an order with us, opening an account, browsing our website and/or agreeing to receive digital direct marketing communications, you agree that we may process your personal data as described in this Privacy Notice and our Cookies Notice, including for analytics and research into website use.

  Hong Kong

  When you agree to receive direct marketing emails from us, we’ll send you promotions on products we sell at John Lewis.

  If you are in Hong Kong you may submit a complaint to our UK-based Data Protection Officer who will come back to you within 30 days. If we have not come back to you or you are not happy with the response that you receive, you may submit a complaint to the Office of the Privacy Commissioner for Personal Data.

• 16. Any questions?

  We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

  If you have any questions that haven’t been covered, please contact our Data Protection Officer who will be pleased to help you:

  • Email us at dataprotectionofficer@dailysourcetools.com
  • Or write to us at Data Protection Officer, 43 Rodney Road, Backwell, Somerset, Bs48 3HW

  This notice was last updated on 22/05/2020