Important Legal Notice
1 - Definitions
1.1 - The following words and expressions have the following meanings unless inconsistent with the context:
|"Compliance Officer"||Paul Hayhoe, Blackstar Amplification Limited, Beckett House, 14 Billing Road, Northampton, Northamptonshire, NN1 5AW, England;|
|"Cookies"||a small amount of data sent from the server, which is then stored on your computer’s hard disc drive;|
|"Privacy and Data Protection Requirements"||the Data Protection Act 1998 (until repealed) (“DPA”), the Data Protection Directive (95/46/EC) (until repealed) and, from 25 May 2018, the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction|
|"data processors", "process" or "processing", "sensitive personal data"||as defined in the Privacy and Data Protection Requirements or, from 25 May 2018, the GDPR;|
|"Site"||www.blackstaramps.com and www.gordonsmithguitars.com and www.audenguitars.com|
|"we", "us" or "our"||Blackstar Amplification Limited, a company registered in England and Wales with Company Number 05187927 and whose registered office is at Beckett House, 14 Billing Road, Northampton, Northamptonshire, NN1 5AW, England; and|
|"you", "your"||an individual, company, or firm accessing our Site.|
2 - Introduction
2.2 - Our primary reasons for collecting your personal data are to address enquiries which you may make on our Site from time to time, to register your warranty for the products you have purchased from one of our dealers, to provide our latest news and information to you on your request, to provide you with the most efficient service possible and to run and manage prize draws from time to time. We do not anticipate collecting or processing sensitive personal data about you.
3 - Our Policy for Processing your Personal Data
3.1 - What personal data do we process and where do we get it from?
3.1.1 - when you submit your details on the Site in the forms provided to contact us, register your warranty or request our latest news and information, we will collect personal data from you;
3.1.2 - when you contact us by post, e-mail or telephone we may collect personal data from you;
3.1.3 - when you provide us with information on entering prize draws on our Site then we will collect personal information from you;
3.1.4 - when you provide us with reports, feedback, observations and comments then this is personal information that we will collect from you;
3.1.5 - when you provide reports, feedback, observations and comments relating to our products then we may collect this personal information from third party sources such as websites, internet forums and chat rooms;
3.1.6 - personal information may also be obtained automatically by your internet browser;
3.1.7 - the types of personal data which we may collect from you could include, for example, your name, your contact details (such as your address, telephone number and email address) and other information collected through the forms provided on our Site for you to contact us, request the latest news and information or enter a prize draw; and
3.1.9 - we may occasionally receive information about you from other sources, such as any dealers, third party media partners, competition or contest entries, online/offline events or from any third party websites and applications that integrate or communicate with the Website in relation to you. If so, we will add this information to the Information we already hold about you in order to help us carry out the activities listed below.
4 - Legal basis for processing your Personal Data
|Why we will process your Information||The legal basis for which is...|
|to provide services to you in accordance with a product or warranty that you have registered with us. These services may include but are not limited to after sales support, version updates, hints & tips or repair of products.||this is necessary for the performance of the contract between us and Personal Data is processed to enable us to provide services to you.|
|to conduct questionnaires, surveys and research into customer satisfaction.||subject to your rights in paragraph XX below, this is done in accordance with our legitimate interests of providing the best services and products to you and ensuring that we continue to monitor and improve those services and products.|
|to operate, administer, maintain, provide, analyse and improve the Site and the services available through the Site.||this is necessary for the performance of the contract between us and Personal Data is processed to enable us provide services to you.|
|to investigate and address any comments, queries or complaints made by you regarding the Site or any of our products or services, and any similar or related comments, queries or complaints from other users.||this is necessary for the performance of the contract between us and Personal Data is processed to enable us provide services to our users.|
|to ensure that content from the Website is presented in the most effective manner for you and for your device.||this is necessary for the performance of the contract between us and Personal Data is processed to enable us provide services to our users.|
|to allow you to participate in interactive features of the Website, including inputting information and providing feedback.||this is necessary for the performance of the contract between us and Personal Data is processed to enable us provide services to our users.|
|to notify you about changes to the Site or any product warranty.|
|to disclose your information to selected third parties as permitted by this Policy.||this is subject to your continued consent.|
|to contact you for marketing purposes (see 'Marketing and opting out' in Section 6 below).||we send out marketing communications based on our legitimate interests of providing a professional services business. The method of communication may vary as set out below:
we may send you information via post; we will only contact you via your personal email address or text message if:
(i) you have given your consent (see 'Marketing and opting out' in Section 6 below);or
(ii) you have previously bought goods and services from us and we are contacting you to let you know about similar goods and services that we offer (see 'Marketing and opting out' in Section 6).
You have the right at any time to let us know that you no longer wish to receive marketing communications from us.
|where required by (but not limited to) any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity.||this is necessary for compliance with a legal obligation.|
5 - Your consent to processing
5.1 - As noted above, you will be required to give consent to certain processing activities before we can process your Personal Data as set out in this Policy. Where applicable, we will seek this consent from you when you first submit Personal Data to or through the Site.
5.2 - If you have previously given consent you may freely withdraw such consent at any time. You can do this by notifying us in writing.
5.3 - If you withdraw your consent, and if we do not have another legal basis for processing your Personal Data, then we will stop processing your Information. If we do have another legal basis for processing your information then we may continue to do so subject to your legal rights.
5.4 - Please note that if we need to process your Personal Data in order to operate the Site and/or provide our services, and you object or do not consent to us processing your Information, the Site and/or those services may not be available to you.
6 - Marketing and opting out
6.1 - Where you have previously ordered products or services from us we may contact you by telephone, email and post about similar or related products, services, promotions and special offers that may be of interest to you. We will inform you (during the sale process) if we intend to use your data for such purposes and give you the opportunity to opt-out of receiving such information from us. Additionally, and if you have given permission, we may also contact you by telephone and email about our other products, services, promotions and special offers that may be of interest to you. We will inform you (before collecting your data) and seek your permission if we intend to use your data for such additional marketing purposes. If you prefer not to receive any direct marketing communications from us, or you no longer wish to receive them, you can opt out at any time (see below).
6.2 - If you have given permission, we may contact you by telephone, email and post to provide information about products, services, promotions, special offers and other information we think may be of interest to you. We will inform you (before collecting your data) if we intend to use your data for such purposes. If you would rather not receive such marketing information from us, or you no longer wish to receive it, you can opt out at any time (see below).
6.3 - You have the right at any time to ask us, to stop processing your Personal Data for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to email@example.com, giving us enough information to identify you and deal with your request. Alternatively you can follow the unsubscribe instructions in emails you receive from us.
7 - Who else gets to see your Personal Data?
7.1 - Our data processors, who may be our employees or sub-contractors.
7.2 - Such marketing companies used by us from time to time.
7.3 - Other companies which are part of the group of companies which we may be part of from time to time.
7.4 - If you win a prize in a prize draw, anybody who sends us a request together with a stamped self-addressed envelope has the right to get a list of the names of the winners within a set period.
7.5 - If our whole business is sold or integrated with another business your Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
8 - How long do we keep your Personal Data?
8.1 - We will keep your Personal Data only for the purposes below and for the periods set out below, unless we are required to hold Information for longer periods in order to comply with legal or regulatory obligations:
8.1.1 - we will hold your Personal Data for the length of your warranty and for a period of 5 years after the end of your warranty period;
8.1.2 - we will hold your Personal Data for a period of 5 years following your contact to us to register your product, enquire about a repair, request product support, or engage in any communication that requires us to perform a service to you.
8.1.3 - where we are processing your Personal Data on the basis of consent (as set out below) we will hold your data until consent is withdrawn.
9 - Maintenance of your Personal Data
9.1 - We are committed to the security of your personal data. All of our employees and sub-contractors with access to your personal data and/or who are associated with the processing of that data are contractually obliged to respect the confidentiality of your personal data.
9.2 - We have implemented technology measures and security policies to protect the personal data that we have in our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss.
9.3 - We will use all reasonable efforts to safeguard your Personal Data, but you acknowledge that the use of the internet is not entirely secure and therefore we cannot guarantee the security or integrity of any Information that is transferred from you or to you via the internet.
10 - Monitoring
We may monitor communications with you (such as emails) for the purposes quality assurance, training, provision of serives, fraud prevention and compliance purposes. Any information that we receive through such monitoring and communication will be added to the information we already hold about you and may also be used for the purposes listed in Section 4 above.
11 - Information submitted on behalf of others
If you give us information on behalf of a third party, you confirm that the third party has appointed you to act on his/her/their behalf and has agreed that you can: give consent on his/her/their behalf to the processing of his/her/their Information; receive on his/her/their behalf any data protection notices.
12 - Your rights
If you are an individual, this section sets out your legal rights in respect of any of your Personal Data that we are holding and/or processing. If you wish to exercise any of your legal rights you should put your request in writing to us (using our contact details in Section 15) giving us enough information to identify you and respond to your request.
12.1 - You have the right to request access to information about Personal Data that we may hold and/or process about you, including: whether or not we are holding and/or processing your Personal Data; the extent of the Personal Data we are holding; and the purposes and extent of the processing.
12.2 - You have the right to have any inaccurate information we hold about you be corrected and/or updated. If any of the Information that you have provided changes, or if you become aware of any inaccuracies in such information, please let us know in writing giving us enough information deal with the change or correction.
12.3 - You have the right in certain circumstances to request that we delete all Personal Data we hold about you (the “right of erasure”). Please note that this right of erasure is not available in all circumstances, for example where we need to retain the Personal Data for legal compliance purposes. If this is the case, we will let you know.
12.4 - You have the right in certain circumstances to request that we restrict the processing of your Personal Data, for example where the Personal Data is inaccurate or where you have objected to the processing.
12.5 - You have the right to request a copy of the Personal Data we hold about you and to have it provided in a format suitable for you to be able to transfer it to a different data controller (the “right to data portability”). Please note that the right to data portability is only available in some circumstances, for example where the processing is carried out by automated means. If you request the right to data portability and it is not available to you, we will let you know.
12.6 - You have the right in certain circumstances to object to the processing of your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which override your own interests. If, as a result of your circumstances, you do not have the right to object to such processing then we will let you know.
12.7 - You have the right in certain circumstances not to be subject to a decision based solely on automated processing, for example where a computer algorithm (rather than a person) makes decisions which affect your contractual rights. Please note that this right is not available in all circumstances. If you request this right and it is not available to you, we will let you know.
12.8 - You have the right to object to direct marketing.
Links to other websites
14.1 - Our Site contains links to other websites. This Policy only applies to our Site. Please note that we are not responsible for the privacy practices of the websites linked to our Sites and advise you to read the privacy statements of each website you visit which collects personal information.
14.2 - We have no control over third party websites or systems and accept no legal responsibility for any content, material or information contained in them. Your use of third party websites or systems will be governed by the terms and conditions of that third party. It is your responsibility to ensure you are happy with such third party terms and conditions
14.3 - The display of any hyperlink and/or reference to any third party website, system, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.
15 - Contact Information
15.1 - If you have any queries or concerns about our processing or use of your personal data you should write, in the first instance to our Compliance Officer.
15.2 - If you want to learn more about your rights regarding your personal data, you should contact the Information Commissioner's office information line on: (0044) 0303 123 1113 or visit their website at www.ico.gov.uk/concerns/.
16 - Cookies
16.1 - Information on how to block cookies can normally be found within the help features of your browser. Information can also be found on the main browser websites:
http://www.microsoft.com (Internet Explorer)
The Site is operated by;
Blackstar Amplification Limited a company registered in England and Wales with Company Number 05187927 and whose registered office is at Blackstar Amplification Limited, Beckett House, 14 Billing Road, Northampton, Northamptonshire, NN1 5AW, England.
VAT No: 878 8436 53