Welcome to the Applied Relational Technology Limited (‘ART’) privacy notice.
ART respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Retail Advantage Privacy Terms and Undertaking for Authorised Users
These privacy terms and this Undertaking aim to give you information as an Authorised User, on how ART collects and processes your personal data through your use of this website, including any data you may provide through this website when you use any product or service.
This undertaking also outlines obligations for your use of the Retail Advantage services. By using the Services, you agree to the following:
For the purposes of this Undertaking,
1.1 ‘ART’ means Applied Relational Technology Limited.
1.2 ‘Client’ means clients of Applied Relational Technology Limited
1.3 ‘Authorised Users’ means those tenants, associated staff and other personnel who are authorised by Clients to use the Services;
1.4 “Services’ means the Retail Advantage software and associated services made available to Authorised Users by ART.
1.5. ‘Confidential Information’ means any and all information in whatsoever form relating to ART or ART’s Clients, or the business, prospective business, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances of ART or ART’s Clients (as the case may be), or compilations of two or more items of such information, whether or not each individual item is in itself confidential, which comes into a party’s possession by virtue of its entry into the Agreement or provision of the Services, and which the party regards, or could reasonably be expected to regard, as confidential and any and all information which has been or may be derived or obtained from any such information.
2.0 Contact details
Provider’s full details are: Applied Relational Technology Limited incorporated and registered in England and Wales with company number 1589528 whose registered office is at The Old rectory, Ashford Road, Chartham, Canterbury, Kent CT4 7HS
ART has appointed a data privacy manager who is responsible for overseeing questions in relation to this Undertaking. If you have any questions about this Undertaking, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Name or title of DPO: Lin Wallace
Email address: email@example.com
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). ART would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact ART in the first instance.
3.0 Changes to the privacy notice and your duty to inform ART of changes
This version was last updated on 11th May 2020 and historic versions can be obtained by contacting ART.
It is important that the personal data ART hold about you is accurate and current. Please keep ART informed if your personal data changes during your relationship with ART.
4.0 Third-party links
This website may contain links to other websites, plug-ins and applications. Please note that ART are not responsible for the privacy practices of other websites. This privacy statement applies solely to information collected by this website.
5.0 The data ART collects about you
‘Personal Data’, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
ART may collect, use, store and transfer different kinds of personal data about you which ART has grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- 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.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from ART and our third parties and your communication preferences.
ART also collects, uses and shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, ART may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if ART combines or connects Aggregated Data with your personal data so that it can directly or indirectly identify you, ART treats the combined data as personal data which will be used in accordance with this privacy notice.
ART does 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 does ART collect any information about criminal convictions and offences.
6.0. How is your personal data collected?
ART uses different methods to collect data from and about you including through:
- ART collects personal information that you voluntarily provide via the Site. For example, when registering with the Software ART may ask you to provide your name, address, telephone numbers, email address and date of birth. This is not an exhaustive list and ART may ask for additional information as relevant from time to time.
- During your use of the Site, certain information may be gathered through automated technologies without your actively providing it information) using various technologies and means, such as Internet Protocol (IP) addresses and web logs; and “cookies”.
- ART may receive personal data about you from various third parties and public sources.
7.0 How ART use your personal data
ART will only use your personal data when the law allows ART to. Most commonly, ART will use your personal data in the following circumstances:
- Where ART need to perform the contract ART are about to enter into or have entered into with you or ART’s Clients.
- 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 ART need to comply with a legal or regulatory obligation.
Generally ART do not rely on consent as a legal basis for processing your personal data other than in relation to 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
7,1. Purposes for which ART will use your personal data
ART may use your personal information: (a) to respond to your questions or requests for additional information; (b) to provide you with information that you have specifically requested or that ART have asked if you would like to receive; and (c) for internal analysis so that ART can better understand how ART can improve our Site, products and services.
In addition ART may use your information to inform you from time to time of other products and/or services ART offer which ART consider may be of interest to you. If you do not want to receive information in this way then you should leave the relevant box in the Site blank when ART ask for your consent to do this. You may otherwise email ART at any time at firstname.lastname@example.org to indicate that you do not want to receive information in this way from ART.
Note that ART may process your personal data for more than one lawful ground depending on the specific purpose for which ART are using your data. Please contact ART if you need details about the specific legal grounds ART are relying on to process your personal data.
You will receive marketing communications from ART if you have requested information from ART or purchased services from ART [or if you provided ART with your details when you entered a competition or registered for a promotion] and, in each case, you have not opted out of receiving that marketing.
ART will only use your personal data for the purposes for which ART collected it, unless ART reasonably consider that ART 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 ART.
If ART need to use your personal data for an unrelated purpose, ART will notify you and ART will explain the legal basis which allows ART to do so.
Please note that ART may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7.2 Third-party marketing
ART do not provide your personal data to any other company for marketing purposes.
7.3 Opting out
You can ask ART or third parties to stop sending you marketing messages at any time by contacting ART at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to ART as a result of a product/service purchase, or other transactions.
A cookie is a piece of data stored on a user’s hard drive containing information about the user.
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous.
It is only used to improve how a website works.
What is a strictly necessary cookie?
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for cannot be provided.
8.0 Disclosures of your personal data
ART may have to share your personal data with third parties as follows:
- ART may use third parties to perform functions on our behalf in relation to the Site and the purposes set out in this Policy (for example, website hosting). Such third parties may be provided with access to your personal information if needed to perform their specific functions but may not use such information for any other purpose.
- ART may also share information about visitors to this Site in an anonymous or aggregate form with third parties including advertisers, business partners, and sponsors, to understand customer trends and patterns and manage and improve our business relationships.
- Third parties to whom ART may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, ART may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- ART may share your personal information with ART’s Clients as part of data processing instructions given to ART by Clients that relate to your agreement with that Client.
8.1. No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, ART may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, ART may refuse to comply with your request in these circumstances.
8.2. What ART may need from you
ART may need to request specific information from you to help ART confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. ART may also contact you to ask you for further information in relation to your request to speed up our response.
8.3. Time limit to respond
ART try to respond to all legitimate requests within one month. Occasionally it may take ART longer than a month if your request is particularly complex or you have made a number of requests. In this case, ART will notify you and keep you updated.
ART require all third parties to respect the security of your personal data and to treat it in accordance with the law. ART do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
9.0 Data security
9.1 ART 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, ART 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.
9.2 ART 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 ART are legally required to do so.
10.0. Data retention – (How long will ART use my personal data for?)
10.1 ART will only retain your personal data for as long as necessary to fulfil the purposes ART collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. By law ART have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
10.2 To determine the appropriate retention period for personal data, ART 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 ART process your personal data and whether ART can achieve those purposes through other means, and the applicable legal requirements.
10.3 In some circumstances you can ask ART to delete your data: see below for further information.
10.4 In some circumstances ART may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case ART may use this information indefinitely without further notice to you.
11.0. Your legal rights
You have the right to:
- 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 ART hold about you and to check that ART are lawfully processing it.
- Request correction of the personal data that ART hold about you. This enables you to have any incomplete or inaccurate data ART hold about you corrected, though ART may need to verify the accuracy of the new data you provide to ART.
- Request erasure of your personal data. This enables you to ask ART to delete or remove personal data where there is no good reason for ART continuing to process it. You also have the right to ask ART to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where ART may have processed your information unlawfully or where ART are required to erase your personal data to comply with local law. Note, however, that ART may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where ART 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 ART are processing your personal data for direct marketing purposes. In some cases, ART may demonstrate that ART have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask ART to suspend the processing of your personal data in the following scenarios: (a) if you want ART to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want ART to erase it; (c) where you need ART to hold the data even if ART no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but ART need to verify whether ART have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. ART 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 ART to use or where ART used the information to perform a contract with you.
- Withdraw consent at any time where ART 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, ART may not be able to provide certain products or services to you. ART will advise you if this is the case at the time you withdraw your consent.
Authorised Users shall:
12.1 keep a secure password for use of the Services and Documentation and that each Authorised User shall keep their access details confidential;
12.2 not knowingly access, store, distribute or transmit any Malware, or any material during the course of its use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property;
- and ART reserves the right, without liability or prejudice to its other rights to Clients, to disable an Authorised User’s access to any material that breaches the provisions of this clause.
12.3 use reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event you become aware or have reasonable suspicions of any such unauthorised access or use, promptly notify ART.
13.0 Confidential Information
13.1 Each party may use the Confidential Information of a disclosing party only for the purposes of the Agreement and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose the Confidential Information.
13.2 Either party may disclose the Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of the Agreement but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
13.3 Both parties agree to return all documents and other materials containing Confidential Information immediately upon completion of the Services and save as required by law neither party shall, without the prior written consent of the other, make or retain copies of any such documents.
13.4 The obligations of confidentiality under the Agreement do not extend to information that:
- was rightfully in the possession of the receiving party before the negotiations leading to the Agreement;
- is, or after the day the Agreement is signed, becomes public knowledge (otherwise than as a result of a breach of the Agreement); or
- is required by law to be disclosed.
13.5 Despite the terms of this clause 10, subject to compliance with applicable laws, Clients may at its absolute discretion disclose the Sales Data to any third person, including Authorised Users.