Privacy Policy
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (“UK GDPR”).
-
Key terms
It would be helpful to start by explaining some key terms used in this policy:
We, us, our
BC House Ltd trading as BitCask company number 13402474 with registered office 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF
Personal data
Any information relating to an identified or identifiable individual
Special category personal data
Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
Genetic and biometric data (when processed to uniquely identify an individual)
Data concerning health, sex life or sexual orientation
Data subject
The individual who the personal data relates to
-
-
Personal data we collect about you
The personal data we collect about you depends on the particular services we provide to you. We will collect and use the following personal data about you:
-
your name and contact information, including email address and telephone number;
-
information to check and verify your identity, e.g. your date of birth, proof of address i.e. current utility bills and proof of identity i.e. a copy of your current passport or driving licence;
-
information for your heath check including details of the type of investor, frequency of investing and details of your disposable income;
-
your billing information, transaction and payment card information;
-
information about how you use our website, IT, communication and other systems;
-
your responses to surveys, competitions and promotions.
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below. If you do not provide personal data we ask for, it may delay or prevent us from providing products and/or services to you.
-
How your personal data is collected
We collect most of this personal data directly from you—in person, by telephone, text or email and/or via our website.
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason, e.g.:
-
where you have given consent;
-
to comply with our legal and regulatory obligations;
-
for the performance of a contract with you or to take steps at your request before entering into a contract; or
-
for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
The table below explains what we use your personal data for and why.
What we use your personal data for
Our reasons
Providing products and/or services to you
To perform our contract with you or to take steps at your request before entering into a contract
Preventing and detecting fraud against you or us
For our legitimate interest, i.e. to minimise fraud that could be damaging for you and/or us
Conducting checks to identify our customers and verify their identity
Screening for financial and other sanctions or embargoes
Other activities necessary to comply with legal and regulatory obligations that apply to our business.
To comply with our legal and regulatory obligations
To enforce legal rights or defend or undertake legal proceedings
Depending on the circumstances:
— to comply with our legal and regulatory obligations;
— in other cases, for our legitimate interests, i.e. to protect our business, interests and rights
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies
To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use
For our legitimate interests, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control
For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you at the best price
Ensuring the confidentiality of commercially sensitive information
Depending on the circumstances:
— for our legitimate interests, i.e. to protect trade secrets and other commercially valuable information;
— to comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to our customer base, product range or other efficiency measures
For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you at the best price
Preventing unauthorised access and modifications to systems
Depending on the circumstances:
— for our legitimate interests, i.e. to prevent and detect criminal activity that could be damaging for you and/or us;
— to comply with our legal and regulatory obligations
Protecting the security of systems and data used to provide the goods and services
To comply with our legal and regulatory obligations
We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Updating customer records
Depending on the circumstances:
— to perform our contract with you or to take steps at your request before entering into a contract;
— to comply with our legal and regulatory obligations;
— for our legitimate interests, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns
To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments
Depending on the circumstances:
— to comply with our legal and regulatory obligations;
— for our legitimate interests, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services and those of selected third parties to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
For our legitimate interests, i.e. to promote our business to existing and former customers
To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency
In such cases information will be anonymised where possible and only shared where necessary
Depending on the circumstances:
— to comply with our legal and regulatory obligations;
— in other cases, for our legitimate interests, i.e. to protect, realise or grow the value in our business and assets
-
How and why we use your personal data—in more detail
More details about how we use your personal data and why are set out in the table below.
Purpose
Processing operation
Lawful basis relied on under the UK GDPR
Relevant categories of personal data
Communications with you not related to marketing, including about changes to our terms or policies or changes to the products or other important notices (other than those addressed above)
Addressing and sending communications to you as required by data protection laws, i.e.:
— the UK GDPR or Data Protection Act 2018;
Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))
— your name, address and contact information, including email address and telephone number;
— your account details (username)
Addressing and sending communications to you to comply with legal obligation
Processing is necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))
— your name, address and contact information, including email address and telephone number
Addressing and sending communications to you about changes to our terms or policies or changes to the products or other important notices
Our legitimate interests (Article 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you
— your name, address and contact information, including email address and telephone number
— your account details (username)
-
-
How and why we use your personal data—sharing
See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.
-
Marketing
We will use your personal data to send you updates (by email, text message, telephone or post) about our products and/or services, including exclusive offers, promotions or new products and/or services.
We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.
You have the right to opt out of receiving marketing communications at any time by contacting us at admin@bit-cask.com
We may ask you to confirm or update your marketing preferences if you ask us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.
We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
-
Who we share your personal data with
We routinely share personal data with:
-
third parties we use to help deliver our products and/or services to you, e.g. payment service providers, warehouses and delivery companies;
-
other third parties we use to help us run our business, e.g. marketing agencies or website hosts;
-
third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers
-
We only allow those organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.
We or the third parties mentioned above occasionally also share personal data with:
-
our and their external auditors, e.g. in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations;
-
our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;
-
law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations;
-
other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations.
If you decide to gift a share in a cask purchased via our website to another user, or you are gifted a share in a cask by another user, we will share your name with that connected user.
We will not share your personal data with any other third party.
-
Who we share your personal data with—further information
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
-
Where your personal data is held
Personal data may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal data with’).
Some of these third parties may be based outside the UK. For more information, including on how we safeguard your personal data when this happens, see below: ‘Transferring your personal data out of the UK’.
-
How long your personal data will be kept
We will not keep your personal data for longer than we need it for the purpose for which it is used.
Different retention periods apply for different types of personal data.
If you no longer have an account with us or we are no longer providing goods or services to you, we will delete or anonymise your account data after seven years.
Following the end of the of the relevant retention period, we will delete or anonymise your personal data.
-
Transferring your personal data out of the UK
The EEA, UK and other countries outside the EEA and the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.
It is sometimes necessary for us to transfer your personal data to countries outside the UK. In those cases we will comply with applicable UK laws designed to ensure the privacy of your personal data.
Under data protection laws, we can only transfer your personal data to a country outside the UK where:
-
in the case of transfers subject to UK data protection law, the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is available here.
-
there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
-
a specific exception applies under relevant data protection law.
Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available) the legally-approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.
Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on to transfer personal data internationally will be notified to you in accordance with the section on ‘Changes to this privacy policy’ below.
-
Transferring your personal data out of the UK —further information
If you would like further information about data transferred outside the UK, please contact us (see ‘How to contact us’ below).
-
Your rights
You have the following rights, which you can exercise free of charge:
Access
The right to be provided with a copy of your personal data
Rectification
The right to require us to correct any mistakes in your personal data
Erasure (also known as the right to be forgotten)
The right to require us to delete your personal data — in certain situations
Restriction of processing
The right to require us to restrict processing of your personal data in certain circumstances, e.g. if you contest the accuracy of the data
Data portability
The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party — in certain situations
To object
The right to object:
— at any time to your personal data being processed for direct marketing (including profiling);
— in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
Not to be subject to automated individual decision making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
The right to withdraw consents
If you have provided us with a consent to use your personal data you have a right to withdraw that consent easily at any time
You may withdraw consents by contacting us.
Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn
For more information on each of those rights, including the circumstances in which they apply, please contact us (see ‘How to contact us’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights.
If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’; and
-
provide enough information to identify yourself (e.g. your full name, address and customer account details and any additional identity information we may reasonably request from you;
-
let us know what right you want to exercise and the information to which your request relates.
-
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
-
How to complain
Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner in the UK.
The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.
-
Changes to this privacy policy
This privacy notice was published on [23/03/2022].
We may change this privacy notice from time to time — when we do we will inform you via our website or other means of contact such as email.
-
How to contact us
You can contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.
Our contact details are shown below:
Our contact details