Magnetic Studios Ltd - Privacy Policy

(Last updated: 25th May 2020)

Full name of legal entity: Magnetic Studios Limited

This privacy notice aims to provide information on how Magnetic Studios Ltd collects and processes your personal data through the use of its web app, including any data you may provide through this web app when you sign up to our services.

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 data. This privacy notice supplements the other notices and is not intended to override them.

Magnetic Studios Ltd is the controller and responsible for your personal data (collectively referred to as "Magnetic Studios Ltd", "The Company", “We”, “Us” or “Our” in this privacy notice).

“You” means the individual using or accessing the web app, The Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

"Service" refers to our web app.

"Account" means an account created uniquely for you to access our Service.

"Service Provider" means any natural or legal person who processes the data on behalf of The Company. It refers to third-party companies or individuals employed by The Company to facilitate the Service, to provide the Service on behalf of The Company, to perform services related to the Service or to assist The Company to analyse how the Service is used.

"Personal Data" refers to any information relating to an identified individual.

"Cookies" are small files that are placed on your computer, mobile device or any other device by a web app, containing the details of your browsing history on that web app among its many uses.

"Usage Data" refers to data collected automatically either generated by the use of the Service or from the Service infrastructure.

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

Third Party Links:

This web app 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 do not control these third-party websites and are not responsible for their privacy statements. When you leave our web app, we encourage you to read the privacy notice of every website you visit.

The Data we collect about you:

"Personal data" or "Personal information" means any information about an individual from which that person may be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data - include email address and name.

• Contact Data - include email address and telephone numbers.

• Technical Data - include 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 web app.

• Profile Data - include your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

• Usage Data - include information about how you use our web app, products and services.

• Marketing and Communications Data - include your preferences in receiving marketing from us and our third parties and your 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 these data do not directly or indirectly reveal your identity. For example; we may aggregate your Usage Data to calculate the percentage of users accessing a specific web app feature. However, if we combine or connect Aggregated Data with your personal data so that they can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, 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.

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 a service/ product). In this case, we may have to cancel a service/product you have with us but we will notify you, if this is the case, at the time.

How Are Your Personal Data Recorded?

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

1) Through Direct Interactions

You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our services/products;

• create an account on our web app;

• subscribe to our service or publications;

• request marketing to be sent to you;

• enter a competition, promotion or survey; or

• provide feedback.

2) Through Automated Technologies or Interactions

As you interact with our web app, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect these personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

3) Through Third Parties or Publicly Available Sources

We may receive personal data about you from various third parties and public sources as set out below:

a. Technical Data from the following parties -

• analytics providers such as Google, based outside the UK/EU;

• advertising networks such as Google outside the UK/EU; and

b. Identity and Contact Data from publicly available sources, such as Companies House, CRO and the Electoral Registers, based within or outside the EU.

How We Use Your Personal Data:

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 or regulatory obligation. 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.

Purposes For Which We May Use Your Personal Data:

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.

Note that 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 upon which we rely to process your personal data where more than one ground has been set out below.

Purpose/Activity

1) To register you as a new customer: Type of Data:

(a) Identity

(b) Contact

Lawful basis for processing including basis of legitimate interest:

• Performance of a contract with you

2) To process and deliver a service including:

• Managing payments, fees and charges

• Collecting and recovering monies owed to us

Type of Data:

(a) Identity

(b) Contact

(d) Transaction

(e) Marketing and Communications

Lawful basis for processing including basis of legitimate interest:

• Performance of a contract with you; necessary for our legitimate interests (to recover debts due to us)

3) To manage our relationship with you, which will include:

• Notifying you about changes to our terms or privacy policy

• Asking you to leave a review or take a survey

Type of Data: (a) Identity (b) Contact (c) Profile

(d) Marketing and Communications

Lawful basis for processing including basis of legitimate interest:

• Performance of a contract with you; necessary for our legitimate interests (to keep our records updated and to study how customers use our services/products)

4) To enable you to partake in a prize draw, competition or complete a survey:

Type of Data:

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications

Lawful basis for processing including basis of legitimate interest:

• Performance of a contract with you; necessary for our legitimate interests (to study how customers use our services/products, to develop them and grow our business)

5) To administer and protect our business and this web app (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data):

Type of Data:

(a) Identity

(b) Contact

Lawful basis for processing including basis of legitimate interest:

• Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

• Necessary to comply with legal obligations

6) To deliver relevant web app content and advertisements to you and measure or understand the effectiveness of such content and advertising:

Type of Data:

(a) Identity

(b) Contact

(d) Usage

(e) Marketing and Communications (f) Technical

Lawful basis for processing including basis of legitimate interest:

• Necessary for our legitimate interests (to study how customers use our services/ products, to develop them, to grow our business and to inform our marketing strategy)

7) To use data analytics to improve our website, services/ products, marketing, customer relationships and experiences: Type of Data:

(a) Technical

(b) Usage

Lawful basis for processing including basis of legitimate interest:

• Necessary for our legitimate interests (to define types of customers for our services/ products, to keep our web app updated and relevant, to develop our business and to inform our marketing strategy)

8) To make suggestions and recommendations to you about services/ products that may be of interest to you:

Type of Data:

(a) Identity

(b) Contact

(d) Usage

(e) Profile

Lawful basis for processing including basis of legitimate interest:

• Necessary for our legitimate interests (to develop our services/products and enhance our business)

Marketing:

We strive to provide you with choices regarding certain personal data usage, particularly in connection with what we think you may want or need, or what may be of interest to you, e.g. Promotional Offers.This is how we decide which services, products 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 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 such Marketing.

Third Party Marketing:

You may receive marketing communications from a Third Party if you have requested information from us 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.

Cookies:

We may use Cookies or similar tracking technologies to track the activity on our service and store certain information to collect and track information and to improve our service to you.

You can instruct your browser to decline all Cookies or to indicate when a Cookie is being sent. Please note if you do not accept Cookies, you may not be able to use some parts of our service.

Cookies come in two forms “Session and “Persistent” Cookies. Session Cookies are deleted as soon as you close your web browser whereas Persistent Cookies remain on your mobile device or PC when you go offline.

We use both Session and Persistent Cookies for the following reasons:

1) Essential Cookies:

• Type: Session Cookies

• Administered by: Us

• Purpose: These Cookies are essential to provide you with services available

through the web app to ensure you can use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you use/pay for cannot be provided, and we only use these Cookies to provide you with those services.

2) Cookies Policy:

• Type: Persistent Cookies

• Administered by: Us

• Purpose: These Cookies inform us if the users have accepted the use of Cookies

on the web app.

3) Functionality Cookies:

• Type: Persistent Cookies

• Administered by: Us

• Purpose: These Cookies allow us to remember the choices you have made when

you use the web app, such as remembering your login details. The purpose of these Cookies is to provide you with a personal experience and to avoid you having to re-enter your details every time you use the web app.

4) Opting Out:

You can ask us or third parties to stop sending you marketing messages at any time by logging into the web app and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

5) Change Of Purpose:

We will only use your personal data for the purposes for which we collected them, 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 outlined in the table above.

• Internal Third Parties

• External Third Parties

• 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 privacy notice.

We require all third parties to respect the security of your personal data and to treat them 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) Data Security:

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.

8) Children's Privacy:

Our service will accept users of all ages but will ask for parental consent from anyone under 18 years of age. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 18 years without verification of parental consent, we will take steps to remove the information from our database.

We may also limit how we collect, use, and store some of the information provided by persons under the age of 18 years.

If we need to rely on consent as a legal basis for processing your information, we may require your parent's consent before we collect and use that information.

9) Data Retention:

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to

fulfill the purposes for which we collected them, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

By law we 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.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that they 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.

10) 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.

11) 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.

12) 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.

You Have Rights Too:

You may, at any time:

• 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. 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.

• 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 information 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. 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.

Glossary:

"Legitimate Interest" means the interest of our business in conducting and managing our business to enable us to give you the best service/ product 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.

"Performance of Contract" 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. "Comply with a legal or regulatory obligation" means processing your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.

"Third Parties/Internal Third Parties" means other companies in the Group acting as joint controllers or processors and who are based in Ireland or UK.

"External Third Parties" means

• Service Providers acting as processors based in the Ireland or UK who provide IT, website and system administration services.

• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the

UK or Ireland who provide consultancy, banking, legal, insurance and accounting services.

• The Irish Revenue Commission, HMRC, Regulators and other

Authorities acting as processors or joint controllers based in Ireland or UK who require reporting of processing activities in certain circumstances.

If you have any questions regarding this Privacy Policy, please contact us by email: magneticmovement1@gmail.com