butterwire respects your privacy and is committed to protecting your personal data.
This policy informs you how we look after your personal data when you visit our website, use our platform services (regardless of where you visit it from) or otherwise engage with us and tells you about your privacy rights and how the law protects you.
This policy is provided in a layered format so you can click through to the specific areas set out below. Where appropriate we have included explanations within the text to help to understand the meaning of some of the terms used in this policy.
This version was last updated on 24 May 2018. Historic versions can be obtained by contacting us.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS POLICY
This policy aims to give you information on how butterwire Limited (trading as butterwire) collects and deals with your personal data through your use of this website and our platform and/or purchase our services or otherwise engaging with us.
The butterwire website and platform are not intended for those under eighteen (18) years’ old and we do not knowingly collect data from any person under that age.
butterwire Limited is the controller and responsible for your personal data (collectively referred to as ”butterwire”, “we”, “us” or “our” in this policy).
We have appointed a data privacy manager to be responsible for and oversee questions in relation to this policy. If you have any questions about this policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Our full details are:
Full name of legal entity: butterwire Limited (a company incorporated in England and Wales no. 10685273)
Name or title of data privacy manager: Raphael Fiorentino
Email address: firstname.lastname@example.org
Postal address: 99 The Avenue London N10 2QG
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). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
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.
The butterwire website and platform 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 are not responsible for and do not control these third-party websites. You should ensure you read and understand their use of data and privacy statements.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include anonymous data where the identity has been removed.
We may collect, use, store and transfer the following different kinds of personal data about you:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, requests you viewed or searched for, 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 made by you, preferences and feedback.
- Usage Data includes information about how you use our website and services.
- Marketing Data includes your preferences in receiving marketing from us and our third parties and your marketing communication preferences.
We also collect, use and share 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, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website or platform feature or transaction. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this policy.
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 unless specifically stated.
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 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?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms on our website or app or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create an account on our platform;
- search and make a transaction on our platform;
- request marketing to be sent to you; or
- give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from analytics providers, advertising networks and search information providers such as Google, Yahoo and Facebook, which may be based outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery service.
- Identity and Contact Data from credit reference agencies, data brokers or aggregators such as Experian and also from publicly availably sources such as Companies House and the Electoral Register, based inside the EU.
- Business partners such as independent financial advisors, brokers and investment companies, based inside the EU.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|Device||Device||Store device UUID which allows you to restrict account access to particular devices.||Expires after 365 days.|
|Affiliate||Affiliate||Stores ID of referring affiliate.||Expires after 365 days.|
|View-preference||View-preference||Stores view preference for data collections||Does not expire.|
|PHPSESSID||Session||Identifies current session.||Expires after session.|
|InitialReferrer||InitialReferrer||Stores URL of initial referrer.||Expires after 365 days.|
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all cookies will expire after the periods set out in the table above.
5. USING YOUR PERSONAL DATA
We only use your personal data when the law allows us to and most commonly this will be either to perform or enter into a contract with you; or where it is necessary for our legitimate interests (provided these do not prejudice your legitimate interests without consent); or to comply with law or regulation.
You can obtain further information about how we assess the above lawful basis for processing your information in respect of specific activities by contacting us.
We have set out below, in a table format, 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.
|Purpose/Activity||Type of Data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer on the butterwire platform||(a) Identity||Performance of a contract with you.|
|(d) Technical Data|
|(e) Profile Data|
|(f) Transactional Data|
|To process, administer and keep you informed about your account and any transactions including:|
|(a) Sending status updates in relation to use of the platform, such as properties you are connected to.||(a) Identity||(a) Performance of a contract with you|
|(b) Ensuring compliance with butterwire’s Terms and Conditions.||(b) Contact||(b) Necessary for our legitimate interests (to recover debts due to us).|
|(c) Managing payments, fees and charges.||(c) Financial|
|(d) Collecting and recovering money owed to us.||(d) Transaction|
|To comply with law and regulation.||(a) Identity||Necessary to comply with a legal obligation.|
|To manage our relationship with you which will include:|
|(b) Keep our records up to date,||(b) Contact||(b) Necessary to comply with a legal obligation.|
|(c) Asking you to provide feedback,||(c) Profile|
|(d) Send you periodic (non marketing) updates about butterwire.|
|To administer and operate our business and platform (including troubleshooting, testing, system maintenance & security,||(a) Identity||(a) Necessary to comply with a legal obligation.|
|support, reporting and hosting of data). This includes engaging and working with our advisors and service providers,||(b) Contact||(b) Performance of a contract with you.|
|including lawyers, accountants and insurers.||(c) Technical|
|To use data analytics to enhance our platform and services.||(a) Technical||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant,|
|(b) Usage||to develop our business and to inform our marketing strategy)|
|In the context of a business or asset sale, reorganisation or group restructuring exercise.||(a) Usage||Necessary for our legitimate interests.|
|We may use your Personal Data to:|
|(a) send you periodic updates about butterwire and our performance and services,||(a) Identity||Necessary for our legitimate interests (to develop our products/services and grow our business).|
|(b) deliver website content and advertisements, make suggestions and recommendations to you about services that may be of interest to you,||(b) Contact|
|(c) measure or understand the effectiveness of the advertising we serve to you.||(c) Technical|
Generally, we 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.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
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 if you have signed up as a registered user and agreed to to our Terms and Conditions on the platform or if you provided us 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.
We will get your express opt-in consent before we share your personal data with any company outside the butterwire group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages 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 your registration on and use of the platform in connection with transactions.
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.
6. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties. In particular, we may provide your personal data to our group companies, JV partners and other companies under common control.
- External Third Parties. In particular, we may provide your personal data to professional advisors (such as lawyers, bankers, accountants and insurers); to regulators (such as HM Revenue & Customs); to service providers (such as IT and system administrators). Exernal third parties are mostly located in the U.K.
- Amazon Web Services, Crisp, Auth0, Sentry.IO
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, 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 policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We 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.
7. INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area (EEA) within the butterwire group.
Some our external third parties are based or have offices outside the European Economic Area (EEA) so their processing of your personal data may involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that either the country provides an equivalent and adequate level of protection for personal data or contractual protections are in place to afford protection which his equivalent to the requirements of EEA.
Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
8. HOW WE ENSURE YOUR PERSONAL DATA IS SECURE
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.
9. HOW LONG WILL YOU KEEP MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
As a business we normally retain records for six years, which may include all types of your personal data. For tax purposes, by law also have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.
In all circumstances, unless we are subject to an overriding obligation under law or regulation, we will determine the appropriate retention period for personal data by considering the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you have the right to request erasure of you’re your personal data: see Request erasure below for further information.
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.
Details of retention periods for different aspects of your personal data are available by Contacting us.
10. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data, as follows:
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.
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.
Request erasure of your personal data (often know as a “right to be forgotten”). This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it, unless there are legal reasons preventing erasure which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as you feel it impacts on your fundamental rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in certain limited circumstances.
Request the transfer of your personal data, which we have collected in the form of automated information, to you or to a third party.
Withdraw consent to process your personal data at any time, where we are relying on consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
If you wish to receive further information and/or exercise any of the rights set out above, please Contact us.
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, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us 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. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11. CHANGES TO THIS POLICY
We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes in the way we use personal data, we will notify you by posting an announcement on our Services or sending you an email. Users are bound by any changes to the Policy when he or she uses the Services after such changes have been first posted.
12. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding policy in connection with our platform and services, please send us a detailed message to the data protection manager. We will make every effort to resolve your concerns. If your questions or concerns are not answered online, you may write to us at 99 The Avenue, London N10 2QG.