As used herein, “Personal Information” means any information relating to an identified or identifiable natural person (each, a “Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier or to one or more factors specific to the physical, economic, cultural or social identity of that natural person.
When you use our services, we may collect personal information from you including but not limited to:
- Name email username phone number company and address other contact information
- Credited card number billing address shipping address security code and other payment transaction and verification details supplied when you provide payment information
- Information you show interest in regarding pages and product viewed items added to your shopping cart ads you clicked on emails sent by us opened by your browser type OS IP address and location information. This information is collected by us and used as analytical information.
- Publicly available information from third-party sources such as the postal service for shipping address verification;
- Your mobile device OS by way of mobile device identifier embedded either by us or by another commonly used mobile device identifier.
We collect personal information from third parties via usage data, including but not limited to:
- Your email address and other personal data collected about you may be forwarded to the Company by a third-party website when you request for us to contact you through such a third-party website
- We will apply the terms of our Privacy Notice and Data Protection Policies to any personal data we receive from third parties unless we have disclosed to you otherwise. the Company is not responsible for third parties’ distribution of your personal data.
How we use your personal data
We may use your personal data for the following purposes, as permitted by data protection regulations and legislation:
Purchases: We may use received contact information and received payment information to process and fulfil purchases you make through our offered services.
Customer Service: We may use your received contact information to respond to any questions you ask us about our products and services and to communicate with you generally about offers competitions surveys or sweepstakes. To adequately respond to any queries we may also request information about your industry and other relevant questions regarding your interest in our product.
Feedback: We may use information such as your username email address purchases and other relevant user-generated content you provide when you comment on or review our products.
Website Registration: We may use your contact information when you create an account with us in order to allow us to provide you with a more personalised user experience.
Marketing: We use personal data to determine what products may be of interest to users provide relevant marketing communications and to carry out market research. We may also use information provided including industry information to generate information of products owned experience with products and other user generated content to allow us to market services effectively.
We may also use your personal data in different ways that are consistent with the above-described purposes to administer our websites and provide our services to you.
Legal Bases for the Processing and Consequences
TruCard relies on the following legal bases for the collection, processing, and use of your personal data:
- The processing is necessary to provide our services as requested by you;
- The processing is necessary for the performance of a contract to which you are a party, or to commence at your request before entering into a contract;
- The processing is necessary for compliance with a legal obligation to which we are a party;
- The processing is necessary for purposes of legitimate interests pursued by us or a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data; such legitimate interests are the fulfilment of the processing purposes set out in this Privacy Notice.
Generally, the provision of your personal data is voluntary. However, in some cases, it is necessary in order to enter into a contract with us or to receive our products or services as explicitly requested by you.
By not providing your personal data may result in disadvantages for you. However, unless otherwise specified, by not providing your personal data will not result in legal consequences for you.
Personal data shared with third parties
We will only ever share personal data with companies, organisations and individuals outside of TruCard as explained below.
Recipients within TruCard and Third Parties. We may share your personal data with affiliates of TruCard and other companies worldwide, including unaffiliated agents, suppliers or manufacturers, in order for these companies to contact you about relevant products, services or other offers that may be of interest to you. We may also share your personal data with relevant business partners.
Subject to the categories of personal data and the reasons for the collection of personal data, your data may be shared with and provided to various entities within our internal departments. For example, IT, marketing and sales departments may have access to your data, depending upon product orders. Other departments, such as finance, auditing, legal and compliance may require access to certain personal data, albeit on a “need to know” basis.
This Privacy Notice does not oversee unaffiliated third-party websites or any other website that does not link back to this Privacy Notice.
Service Providers. We share personal data with both affiliated and unaffiliated companies. These companies perform certain tasks on our behalf related to our business. These service providers include, but not limited to:
- Payment Processing
- Fulfilling orders
- Delivering packages
Any third-party service providers we use will receive your personal data only as necessary to perform their role and are instructed not to use your personal data for any other purposes.
We will use and disclose your personal data as permitted by data protection laws and regulations as follows:
- To comply with legal processing and responding to requests from legal, public and government authorities.
- To enforce our terms and conditions, including investigating potential violations;
- To detect and prevent fraud, cyber security or other technical issues;
- To protect our business operations or those of our affiliates;
- To protect the rights of our customers, our company our property, and that of our affiliates and others;
- To allow us to pursue remedies or limit any damages that we may sustain.
As our business continues to develop, we may at some time sell or buy further products, brands, subsidiaries, stores or business units. In this respect, we may share or transfer personal data we hold about you with third parties as part of transactions including but not limited to company reorganisation, sale, merger, assignment, joint venture, transfer or disposition of any or all of our business, brands, subsidiaries, affiliates, or other company assets.
Customer information normally is a part of a business asset to be transferred but remains subject to any pre-existing applicable Privacy Notice.
We may share aggregated data that has been anonymised (data that is not identified) with third parties – for example, publishers, advertisers or associated websites and, accordingly, this data will be publicly available. An example of when we may do this is when we wish to share information publicly to show trends about the use of our services or products.
Links to Social Networking and other Third-Party Websites
If you have declared your consent regarding certain collecting, processing and use of your personal data you can withdraw this consent at any time with immediate effect.
Further, you have the right to object to the use of your personal data for the purposes of marketing.
Please note that the rights mentioned above and below may be subject to modification under the applicable data protection law.
For the avoidance of doubt this Privacy Notice applies only for data subjects located in the EEA:
Right to request access to your personal data
You have a right to request from us confirmation as to whether or not your personal data is being processed and, where that is the case, to request access to the personal data.
The access information includes information regarding the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom your personal data is disclosed.
You have the right to request and receive a copy of any personal data we are processing. In the case of repeated requests however, we may charge a reasonable fee based on administrative costs.
Right to request rectification
You have the right to request that we rectify inaccurate personal data concerning you.
Right to request erasure (Right to be forgotten)
You have the right, in certain circumstances, to request from us the erasure of personal data concerning you and we are obliged to erase such personal data.
Right to request processing restriction
You have the right to request that we restrict processing your personal data. In such cases.
Right to request data portability
You have the right to request and receive all personal data concerning you, which you have provided to us, in a structured, conventionally used, easy to read format. You have the right to transmit this downloaded data to another entity without obstruction from us.
Right to object
You have the right to object at any time to the processing of your personal data by us.
In this case, we can no longer process your personal data.
Such rights to object may especially apply if TruCard collects and processes your personal data for the purposes of profiling.
You also have the right to object to the use of your data for direct marketing purposes.
If you exercise this right, your personal data will no longer be processed for such purposes by us.
If you wish to exercise this right, please contact us.
Please note that this right to object may not exist if the processing of your personal data is deemed necessary to facilitate the creation of a contract between you and TruCard or to execute a contract already concluded.
In the case where you have already provided us with your consent for direct marketing purposes, for example, you have completed an online form or actively subscribed to our newsletters, you can withdraw your consent as already explained within this Privacy Notice.
Rights in connection with automated decision-making
With respect to automated individual decision-making, you have the right to
- Request human intervention
- Express your point of view
- Contest the decision
- You also have a right to lodge a complaint with your local data protection supervisory authority.
Data Retention Periods
We retain personal data for as long as necessary to provide you with the services and products requested.
Once you have terminated your relationship with us, we will either destroy your personal data or anonymise it in line with the GDPR requirements ensuring that data can never again be identified.
There are some exceptions, where statutory retention requirements are in force for example for taxation or legal purposes.
Where you show interest in our products and services and allow us to send you marketing information, we may retain your contact details for a longer period of time.
We may also be obligated to retain your personal data after the termination of the contractual relationship if it is necessary to ensure compliance with applicable laws, or if we need to retain your personal data on the basis of establishing, exercising or defending a legal claim. However, this will be on a need to know basis. To this extent and as far as possible we will restrict any processing of your personal data to such limited purposes as required for the above and in any event, destroy personal data once any legal bases are fulfilled and terminated.
If you have any questions about these Terms, please contact us.