Effective: 1 September, 2023
ED2 Digital Limited ( we or us ) is a company registered in England and Wales under company number 12921373 with registered office address Unit 6 Riverside Business Centre, Brighton Road, Shoreham-By-Sea, England, United Kingdom, BN43 6RE.
You can contact us at email@example.com.
1.1. We are committed to protecting and respecting your privacy. This privacy notice sets out the basis on which we process any personal data we collect about users of Switched via https://switchedapp.com (the Website) or the Switched mobile application available from the Apple App Store, the Google Play Store or our Website (the App), and how that information will be processed by us.
1.2. This privacy notice applies to: visitors to our Website and users of our App who do not register as well as those who do; any customers that purchase services and/or digital content from us via the Website or the App or otherwise; and all individual contractors and service providers who provide services to our business ( you ).
1.3. We are a data controller. This means that we are responsible for deciding how we hold and use personal information about you, and for explaining this clearly to you.
1.5. Please read this privacy notice carefully to understand what we do with your personal information and what rights you have in relation to our activities.
1.6. Our Website and our App are not intended for children and we do not knowingly collect data relating to children.
2.1. Personal data, or personal information, means any information relating to an individual from which that person can be identified. There are special categories of more sensitive personal information which require a higher level of protection (see further at section 3.4, below).
2.2. We will only use your personal information when the law allows us to. Our principle lawful basis for processing is set out in the table below. However, some of our grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
2.3. We may only rely on our legitimate interests (or those of a third party) to process your personal information, if your interests and fundamental rights do not override those interests. Where we rely on legitimate interests for our processing, we have set out the relevant interest, below.
2.4. Generally, we do not rely on consent as a legal basis for processing your personal data except that:
2.4.1. if you are a private individual, we will get your consent before sending third party direct marketing communications to you via email or text message; and
You have the right to withdraw consent at any time by contacting us.
2.5 We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
2.6. Please note that we may process your personal information without your knowledge or consent where this is required or permitted by law.
2.7. 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 services or digital content). In this case, we may have to cancel a service or digital content you have with us but we will notify you if this is the case at the time.
3.1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, title and date of birth.
Special Category Data includes sex, gender, race, ethnicity, sexual orientation and sexual preferences and other details of your sex life.
Contact Data includes billing address, delivery address, telephone numbers and email address.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to access our Website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. Profile Data may also include Special Category Data.
Media Data includes pictures, audio and videos that you upload.
Usage Data includes information about how you use Switched and our products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
3.5 We also may process personal information (including special category information):
3.5.1. relating to a health condition or disability in order to meet our legal obligation to make reasonable adjustments in the provision of our services;
3.5.2. to ensure meaningful equal opportunity and diversity and inclusion monitoring and reporting;
3.5.3. where it is needed to protect your vital interests (or someone else's interests) and you are not capable of giving your consent;
3.5.4. where it is necessary to establish, exercise or defend a legal claim;
3.5.5. where you have manifestly made the information public; or
3.5.6. otherwise with your explicit consent.
4.1. We use different methods to collect data from and about you including through:
4.2. Direct interactions. You may give us your Identity, Contact, Financial, Profile and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
4.2.1. create an account on the Website or the App;
4.2.2. purchase services or digital content from us;
4.2.3. communicate with us via our support website at https://switchedapp.com/support
4.2.4. subscribe to our service or publications;
4.2.5. request marketing to be sent to you;
4.2.6. enter a competition, promotion or survey; or
4.2.7. give us feedback, make a complaint or contact us.
4.3. We collect Identity, Contact, Profile and Technical Data from our social media accounts:
4.4. Automated technologies or interactions. As you interact with the Website and the App, we will automatically collect Usage and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see section 10, below, for further details.
4.5. Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
4.5.1. Technical Data from analytics providers such as Microsoft and Google based outside the UK;
4.5.2. Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based outside the UK.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new user||(a) Identity Data (b) Contact Data (c) Profile Data (d) Media Data||(a) Performance of a contract with you (b) To the extent that we process Special Category Data for this purpose, we only do so with your consent.|
|To process and deliver any order or subscription for additional content or features including: (a) to manage payments, fees and charges (b) to collect and recover money owed to us||(a) Identity Data (b) Contact Data (c) Financial Data (d) Transaction Data(e) Marketing and Communications Data||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)|
|To manage our relationship with you which will include: (a) notifying you about changes to our terms or privacy notice (b) asking you to leave a review or take a survey||(a) Identity Data (b) Contact Data (c) Profile Data(d) Marketing and Communications Data||(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) (d) To the extent that we process Special Category Data for this purpose, we only do so with your consent.|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity Data (b) Contact Data (c) Profile Data (d) Usage Data(e) Marketing and Communications Data||(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) (c) To the extent that we process Special Category Data for this purpose, we only do so with your consent.|
|To administer and protect our business and our App and Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity Data (b) Contact Data (c) Technical Data (d) Profile Data (e) Usage Data (f) Media Data||(a) 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) (b) Necessary to comply with a legal obligation|
|To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity Data (b) Special Category Data (c) Contact Data (d) Profile Data(e) Usage Data (f) Marketing and Communications Data (g) Technical Data||(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) (b) To the extent that we process Special Category Data for this purpose, we only do so with your consent.|
|To use data analytics to improve Switched and our products / services, marketing, customer relationships and experiences||(a) Technical Data (b) Usage Data (c) Special Category Data||(a) Necessary for our legitimate interests (to define types of users for our products and services, to keep Switched updated and relevant, to develop our business and to inform our marketing strategy) (b) To the extent that we process Special Category Data for this purpose, we only do so with your consent.|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity Data (b) Special Category Data (c) Contact Data (d) Profile Data(e) Usage Data (f) Marketing and Communications Data (g) Technical Data||(a) Necessary for our legitimate interests (to develop our products/services and grow our business) (b) To the extent that we process Special Category Data for this purpose, we only do so with your consent.|
5.1. Automated decision-making
5.1.1. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.
5.1.2. Switched uses an automated artificial intelligence based abuse prevention system to detect and prevent identity fraud, spam, scams and content that breaches our acceptable use policy. The system may make decisions which impact on you including removal of content that you have posted or temporarily or permanently disabling your account.
a. In detecting spam, scams and content that breaches our acceptable use policy, this automated system only process information about content and your basic account details, and does not use any of your special category personal information.
b. In detecting identity fraud, for example to ensure that banned users do not re-register under different account details, this automated system does process your personal information including special category information.
5.1.3. If the Switched abuse prevention system makes a decision to temporarily or permanently remove any of your content or disable your Switched account, we will inform you in writing by email, and if you object to the decision then you may contact us to request human intervention to review the decision.
5.1.4. Switched also uses automated artificial intelligence models for matchmaking, recommendations and customisation. This automated system will process your personal information including Profile Data and Special Category Data to suggest other Switched users you may want to connect with or content that you might be interested in. However, this system will not make any legal or similarly significant decisions, or any decisions that affect your rights or ability to use Switched.
5.1.5. We will notify you in writing if we make any further use of automated decision making.
5.2.1. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
5.2.2. We may use your Identity, Special Category, Contact, Technical, Usage and Profile 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.
5.2.3. You will receive marketing communications from us if you have requested information from us or purchased products from us and you have not opted out of receiving that marketing.
5.2.4. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
5.2.5. You can ask us or third parties to stop sending you marketing messages at any time by logging into our Website or our 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 firstname.lastname@example.org at any time.
6.1. We share your personal information with third party contractors and service providers to the extent necessary to fulfil any order that your make for additional features or digital content. For example, we share your personal information with Google and Apple who offer the App in the App Store and Play Store respectively.
6.2. We share your information with other third parties as follows:
6.2.1. our regulators, professional advisors, insurance provider and auditors;
6.2.2. HMRC or other government or law enforcement agencies;
6.2.3. if we sell any business or assets, in which case we may disclose your personal information to the prospective buyer of such business or assets;
6.2.4. payment service providers when you purchase services or digital content via our App or our Website;
6.2.5. third parties who claim that content posted or uploaded by you to Switched constitutes a violation of their intellectual property rights or their right to privacy;
6.2.6. if we have a legal obligation to do so; and
6.2.7. for the purposes of fraud protection.
6.3. The categories of third parties listed above use your personal data for their own purposes and are responsible for their own compliance with data protection legislation.
6.4. We also share your data with third-party service providers who provide services to our business, such as our website host server, IT support and maintenance service, cloud storage provider and email exchange server, payment service provider Stripe, and other businesses that provide certain services on our behalf. All of our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes.
7.1. We have put in place:
7.1.1. appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed; and
7.1.2. procedures to deal with any suspected data security breach, and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
7.2. Any personal information that you submit to us will be held on secure servers, based within the UK or European Economic Area (EEA) or the United States of America.
7.3. When we transfer your information outside the UK or EEA, we have put in place appropriate measures to ensure that your personal information is treated by third parties in a way that is consistent with and which respects the EU and UK laws on data protection.
7.4. If you are based outside the UK or EEA we may transfer personal information to the correspondence address you provide to us to the extent necessary to complete your order. We will take all reasonable steps to ensure that such transfers are secure. By instructing us from outside the UK or EEA you agree that such transfer is necessary for us to complete your order.
7.5. We use Microsoft Insights and Google Analytics to evaluate the performance of our Website and improve the service we offer you. We may transfer information about you outside the UK or EEA for this purpose. We will only do so where permitted by law.
7.6. We use European Commission approved standard contractual clauses to help protect your personal information when it may be transferred to third countries.
8.1. 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.
8.2. 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, regulatory, tax, accounting or other requirements.
8.3. We keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
8.4. In some circumstances you can ask us to delete your data: see your rights below for further information.
8.5. 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.
9.1. You have the following rights:
9.1.1. to be told what we are doing with your personal information (we do this by providing you with this privacy notice);
9.1.2. to correct or update the personal information we hold about you.
9.1.3. to object to the processing of your personal information;
9.1.4. to request a copy of the personal information we hold about you;
9.1.5. to ask us to delete the information that we hold about you where there is no good reason for us continuing to process it;
9.1.6. to ask us to stop processing your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground and where there is no good reason for us continuing to process it;
9.1.7. to ask us to restrict how we use your personal information for a period of time if you claim that it is inaccurate and we want to verify the position or in some limited other circumstances;
9.1.8. to ask us to send your personal information to another organisation in a computer-readable format;
9.1.9. to complain to the Information Commissioner's office if you are unhappy with our use of your personal data: you can do this at https://ico.org.uk/concerns/.
9.2. Do contact us straight away if you consider that we are not handling your personal information properly so we can try and sort the problem out.
9.3. If we delete your personal information or restrict our use of it, we will not be able to provide our services to you.
9.4. If you want to exercise any of your rights, please contact us at the address above. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights).
10.2.1. Essential cookies are necessary for running our Website. For example, they allow you to log in to our Website's secure areas.
10.2.2. Analytical/performance cookies allow us to recognise and count the number of visitors and see how they navigate when using our Website. They also help us improve how our Website functions, e.g. in order to ensure that all users can easily find what they are looking for.
10.2.3. Functional cookies are used to recognise you when you come back to visit our Website. They also allow us to personalise our Website's content for you, greet you by name and remember your preferences. These could be, for example, your choice of language and region.
10.2.4. Targeting cookies are used to register your visit on our Website, the pages you have visited and the links you clicked on. We use this information to make our Website and the advertisements shown on it more relevant to you. We may also share this information with third parties for the same reasons.
|Cookie Designer||Cookie Name/ID||What is the cookie expiry date?||Cookie Purpose|
|Switched||.Switched.Identity||1 month from set/update||Used to determine the identify of logged in users and sessions.|
|__utmc||Session||Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit. This cookie is used to assist operability of our Website.|
|_ga||2 years||Used to distinguish users.|
10.4. If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.
Effective: 1 September, 2023