Privacy Policy

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A.F. Blakemore and Son Limited (we, us or our) respect your privacy and are committed to protecting your personal data. This privacy notice will provide you information about how we look after your personal data when you use the “Plant & Win” app (the App) and tell you about your privacy rights and how the law protects you.

1. Consent to installation of the App

1.1 Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in this privacy notice and it is important that you read that information.

1.2 Before completing the process of signing up for a user account with the App you will be asked to indicate your consent to our processing of your personal data (including your name and contact details which will be required to create a user account) as described in our privacy notice. If you do not consent, you should not proceed with installing the App. We will not collect any personal data unless you have signed up for an account.

1.3 You can change your mind. You may change your mind at any time to our processing of your personal data, and withdraw your consent, by contacting us by email at argame@afblakemore.co.uk. This will not affect the lawfulness of any processing carried out before you withdraw your consent.

2. Location Data

2.1 The App features a store locator which will allow you to enter any postcode to see how close any SPAR stores are to that postcode. We will also ask for your postcode when you register to use the App in order to confirm eligibility to enter the prize draw, as further set out in the prize draw terms (see www.sparplantandwin.co.uk).

2.2 The App does not collect any location data directly from your Device.

3. About this privacy notice

3.1 This privacy notice (together with our end-user licence agreement as set out on our website at www.sparplantandwin.co.uk (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use) applies to your use of:

    • The Plant & Win app (which was last updated on 14 April 2023) mobile application software (App), once you have downloaded or streamed a copy of the App onto your smartphone (Device).

    • Any of the services accessible through the App (Services).

3.2 This privacy notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

3.3 This App is not intended for children and we do not knowingly collect data relating to children.

3.4 It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 personal data. This privacy notice supplements those other notices and is not intended to override them.

3.5 Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

4. About us

4.1 For the purpose of data protection laws in the UK, A.F. Blakemore and Son Limited is the controller and is responsible for your personal data.

4.2 If you have any questions, including any requests to exercise your legal rights, please contact us using the details set out below:
Company Name: A.F. Blakemore and Son Limited
Address: Longacres Industrial Estate, Rose Hill, Willenhall, West Midlands, WV13 2JP
Email: argame@afblakemore.co.uk

4.4 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. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

5. The personal data we collect about you

5.1 Personal data means any information about an individual from which that person can be identified. Personal data does not include data where your identity has been removed or which not associated with or linked to your personal data (anonymous data).

5.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

    • Identity Data: includes your full name and date of birth.

    • Contact Data: includes your email address, mobile telephone number, and postcode.

    • Profile Data: includes, in relation to your user account, your username and password, the number of referrals that you have made for the purpose of our tree planting scheme.

    • Usage Data: includes details of your use of our App including, but not limited to, how many games/activities you have participated in and the number of prize draw entries obtained.

    • Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.

5.3 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. 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 notice.

5.4 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.

5.5 Please note that 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 that you request). In this case, we may have to cancel a service you have requested but we will notify you if this is the case at the time.

6. How is your personal data collected?

6.1 We will collect and process the following data about you:

    • Information you give us. This is information (including Identity, Contact, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App, download or register the App, share data via the App's social media functions, enter a competition, promotion or survey, and when you report a problem with an App, our Services, or any of our websites. If you contact us, we will keep a record of that correspondence.

    • Information we collect about your use of the App. Each time you use our App we will automatically collect personal data including Usage Data so that we can present you with the next available game or activity after you have played a particular game or activity.

8. How we use your personal data

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

    • Where you have consented before the processing.

    • Where we need to perform a contract we are about to enter or have entered 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.

    • To deal with and/or respond to any enquiry or request made by you prior to entering into any contract or agreement with us or as a result of such contract or agreement.

    • Where we need to comply with a legal or regulatory obligation, including the prevention of crime.

8.2 In addition we will use your personal data for the following activities:

    • With your consent, we will use your Identity Data and Contact Data to register you as a user. This is necessary for the performance of a contract between you and us, or is otherwise necessary for our legitimate interests and the relevant establishment in delivering the App and the Services to you.

    • We will use your Identity Data and Contact Data to make the Services available to you via the App. This is necessary for the performance of a contract between you and us, or is otherwise necessary for our legitimate interests and the relevant establishment in delivering the App and the Services to you.

    • We will use your Identity Data, Contact Data, Profile Data, and Marketing and Communications Data to manage our relationship with you including notifying you of changes to the App or the Services. This may be done in our performance of our contract with you or otherwise with your consent.

    • We will use your Identity Data, Contact Data, Profile Data and Marketing and Communications Data to enable you to participate in a prize draw, competition or complete a survey. If you win a prize draw, your Identity Data and Contact Data will be used to validate your entry and notify you that you have won. This may be done in our performance of our contract with you; it may be necessary for our legitimate interests in analysing how customers use the App and our Services and to develop them and grow our business; or otherwise with your consent. Prize draws will be operated in accordance with our prize draw terms and conditions at www.sparplantandwin.co.uk.

    • We will use your Identity Data and Contact Data to administer and protect our business and the App including troubleshooting, data analysis and system testing. This is necessary for our legitimate interest in running our business, the provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation, sale or group restructuring exercise, and for compliance with our legal obligations.

    • We will use your Identity Data, Contact Data, Profile Data, Usage Data, and Marketing and Communications Data to form a view on what we think you as a user may want or need, or what may be of interest to you and in doing so we will only send information that is deemed relevant to your use of our Services and to deliver content and advertisements to you. Generally, this will be necessary for our legitimate interests in developing our Services and growing our business. We will however ask for express consent before we share personal data with any third party for marketing purposes. You can ask us to stop sending marketing communications at any time by contacting us.

    • We will use your Identity Data, Contact Data, Profile Data, Usage Data, and Marketing and Communications Data to make recommendations to you about goods or services which may interest you. Generally, this will be necessary for our legitimate interests in developing our Services and growing our business. Otherwise we will seek your consent.

    • We will use your Identity Data, Contact Data, Profile Data, Usage Data, and Marketing and Communications Data to measure and analyse the effectiveness of any advertising we serve you. Generally, this will be necessary for our legitimate interests in developing our Services and growing our business.

    • We will use your Identity Data, Contact Data, Profile Data, Usage Data, and Marketing and Communications Data to monitor trends so we can improve the App. Generally, this will be necessary for our legitimate interests in developing our Services and growing our business.

    • If you contact us, we will use your Identity and Contact Data to respond to you.

8.3 We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us. We do not pass any personal data to any third parties for the purpose of direct marketing.

8.4 Where we process personal data on the basis of consent, this means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

8.5 Where we process personal data on the basis of a legitimate interest, as set out in this privacy notice, legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

8.6 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.

8.7 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.

9. Disclosures of your personal data

9.1 Your personal data will only be disclosed to those of our employees or workers that have a need for such access for the purpose for which it was collected.

9.2 Your personal data will not be disclosed to any other individuals or other entities except in the following circumstances:

    • Where it is necessary for the performance of our contract with you, including where you have asked us to do so or where we need to take steps to enforce any contract which may be entered into between us.

    • Where we are under a legal duty to do so in order to comply with any legal obligation.

    • On occasion, we need to hire other companies to help us to serve you better and in some of these cases we may need to share personal data that is necessary to perform tasks for us, such as delivery services, third party payment providers of App development and support, and IT/website/system administration support.

    • In order to protect the rights, property or safety of our business, our employees and workers, customers, suppliers and others. This includes exchanging information with our professional advisers, and with other companies and organisations for the purposes of fraud prevention and credit risk reduction.

    • If we or substantially all of our business or our assets are acquired by or merged with a third party, in which case personal data that we hold will be one of the transferred 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 privacy notice.

9.3 We require all third parties that process personal data on our behalf 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.

10. International transfers

10.1 Some of our external third parties are based outside the UK so to the extent that they process your personal data it will involve a transfer of data outside the UK. In particular, our App developer is located in the Netherlands, and email marketing provider (MailChimp) is located in the USA.

10.2 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 by the UK which give personal data the same protection it has in the UK.

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

11. Security

11.1 All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the App or our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

11.2 Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

11.3 We will collect and store personal data on your Device using application data caches so that you do not play the same game or activity twice.

11.4 Certain Services allow you to share a referral code via social media should you wish to do so. This is not mandatory.

11.5 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

12. Data retention

12.1 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.

12.2 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 requirements.

12.3 We intend to delete all personal data after the SPAR Plant & Win campaign ends and the App becomes inactive.

12.4 In some circumstances you can ask us to delete your data: see section 13 below for further information.

12.5 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.

13. Your legal rights

13.1 Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

    • 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 that 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 that we hold about you corrected, although we may need to verify the accuracy of the new personal data that you provide to us.

    • Request erasure 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 personal data unlawfully or where we are required to erase your personal data to comply with local law. Please 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.

    • Object to processing 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 personal data which override your 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 the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

    • Request the transfer 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.

    • Withdraw consent at any time where we are relying on consent to process your personal data including for marketing purposes. 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. You can ask us to stop sending you marketing messages at any time by following the “unsubscribe” (or similar) links on any marketing message sent to you or 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 any transaction between us.

13.2 If you wish to exercise any of your above rights, please send a written request to us at the postal or email address listed in section 4 above.

13.3 You will not have to pay a fee to access your personal data or to exercise any of your 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.

13.4 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.

13.5 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.

14. Changes to this privacy notice and your duty to inform us of changes

14.1 We keep our privacy notice under regular review.

14.2 This version was last updated on 14 April 2023. It may change and if it does, these changes will be notified to you by email. The new notice may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

14.3 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 our relationship with you.

15. Third party links

15.1 The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services.

15.2 Please check these policies before you submit any personal data to these websites or use these services.