Privacy Policy

Welcome to The Spanish Effect Ltd’s (collectively referred to as TSEL “we”, “us” or “our” in this privacy policy) privacy policy.

We respect your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

Please also use the Glossary at the end of this privacy policy which will help you understand the meaning of some of the terms used in this privacy policy.

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your personal data, including any data you may provide when you take part in one of our events.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

We are the controller and responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Email address: [DETAILS]

Postal address: 20-22 Wenlock Road, London, England, N1 7GU

Telephone number: [DETAILS][TB1] 

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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.

Changes to the Privacy Policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated on [DATE].

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

  1. 1.                The data we collect about you
      1. Identity Data includes first name, last name, title, date of birth and sex.
      2. Contact Data includes billing address, home address (if different), email address and telephone numbers.
      3. Financial Data includes bank account and payment card details.
      4. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
      5. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication [TB2] preferences.
    3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. 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 privacy policy.
    4. 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.[TB3] 
    5. 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 products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

We use different methods to collect data from and about you including through:

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
    • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
    • Where we need to comply with a legal obligation.

Please see Lawful Basis in the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

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. We have also identified what our legitimate interests are where appropriate.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
To register you as a new customer and in order to take payments for products or services(a) Identity (b) ContactPerformance of a contract with you
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey(a) Identity (b) Contact (d) Marketing and  Communications(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey(a) Identity (b) Contact (c) Marketing and  Communications(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)[TB5] 
To administer and protect our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)(a) Identity (b) Contact  (a) Necessary for our legitimate interests (for running our business, provision of administration, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To make suggestions and recommendations to you about products or services that may be of interest to you(a) Identity (b) Contact (f) Marketing and CommunicationsNecessary for our legitimate interests (to develop our products/services and grow our business)

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity and Contact Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have opted into receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time 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 participation in one of our camps or events.

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.

We share your personal data within TSEL which is a UK company. Although the Company is registered in the UK those involved in running TSEL are based in Spain and therefore data will be transferred outside of the UK.[TB8] 

 Some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
    • Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

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.

  1. 10.             Data retention – How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

For details of retention periods for different aspects of your personal data please contact us.

In some circumstances we will 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.

  1. 11.             Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.:

  1. Request access to your personal data.
    1. Request correction of your personal data.
    2. Request erasure of your personal data.
    3. Object to processing of your personal data.
    4. Request restriction of processing your personal data.
    5. Request transfer of your personal data.
    6. Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

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 could refuse to comply with your request in these circumstances.

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.

We try to respond to all legitimate requests within one month. Occasionally it could 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.

  1. 15.             Glossary
      2. means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
      3. means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
      1. 15.2.1     External Third Parties[TB9] 
        1. Service providers acting as processors based in Spain who provide IT and system administration services.
        2. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Spain who provide consultancy, banking, legal, insurance and accounting services.
        3. HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  2. Your legal rights
      2. 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.
      3. of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
      4. of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
      5. of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
        1. if you want us to establish the data’s accuracy;
        2. where our use of the data is unlawful but you do not want us to erase it;
        3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
        4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
      6. of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
      7. where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 [TB1]Please confirm details.

 [TB2]Is there any other data you will collect?

 [TB3]Please confirm whether you will collect this type of data.

 [TB4]Please confirm whether you will be running any competitions, promotions or surveys.

 [TB5]Please confirm whether you will run any competitions.

 [TB6]We have assumed here that you will share data with the people listed in the glossary under “External Third Parties” – please confirm if there are any others as they will need to be identified here.

 [TB7]

TSEL will need to ensure that the data capture statement is amended if running camps in collaboration with RCDE.

 [TB8]Please ensure that you are familiar with the UK requirements for data transfers and understand the way in which date will be transferred by TSEL outside of the UK, this will need to be complaint with the UK regime and further information on this can be found on the Information Commissioner’s Office website.

 [TB9]Please confirm whether you will be transferring data only to Spain, or whether you will use anyone in the UK or elsewhere as external third parties.