PRIVACY & COOKIES POLICY
Please read this Privacy & Cookies Policy carefully.
This Privacy & Cookies Policy (Policy) applies between you, the User of this Website and Swanfall, the owner and provider of this Website. Swanfall takes the privacy of your information very seriously. This Policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
This Policy should be read alongside, and in addition to, our Terms and Conditions.
Definitions and interpretation
1. In this Policy, the following definitions are used:
collectively all information that you submit to Swanfall via the Website or otherwise. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below “Cookies” and the “Cookie schedule”;
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Data Protection Act 2018, Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation that flow from the aforementioned laws;
the General Data Protection Regulation (EU) 2016/679;
Swanfall,we or us
Swanfall, a company incorporated in England with company number 14302439 having its registered office at C/O The Accountancy Partnership Suite 5, 5th Floor, City Reach, 5 Greenwich View Place, London, United Kingdom, E14 9NN;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third-party that accesses the Website and is not either (i) employed by Swanfall and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing Websites to Swanfall and accessing the Website in connection with the provision of such Websites; and
Swanfall’s proprietary domain and any associated sub-domains being www.swanfall.art.
2. In this Policy, unless the context requires a different interpretation:
the singular includes the plural and vice versa;
references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Policy;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
"including" is understood to mean "including without limitation";
reference to any statutory provision includes any modification or amendment of it;
the headings and sub-headings do not form part of this Policy.
Scope of this Policy
3. This Policy applies only to the actions of Swanfall and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any websites on which the Website operates or any links we may provide to social media websites.
4. For purposes of the applicable Data Protection Laws, Swanfall is the "data controller". This means that Swanfall determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the following Data, which includes personal Data, from you:
IP address (automatically collected);
web browser type and version (automatically collected);
operating system (automatically collected);
a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected); and
information about your interactions with the Website (automatically collected);
in each case, in accordance with this Policy.
How we collect Data
6. We collect Data in the following ways:
Data is given to us by you; and
Data is collected automatically.
Data that is given to us by you
7. Swanfall will collect your Data in a number of ways, for example:
when you contact us through the Website, by e-mail or through any other means;
when you register with us and set up an account to receive our Websites;
when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
when you enter a competition or promotion through a social media channel;
when you elect to receive marketing communications from us;
when you use the Website;
in each case, in accordance with this Policy.
Data that is received from third parties
8. We do not any Data about you from third-parties.
Data that is collected automatically
9. To the extent that you access the Website, we will collect your Data automatically, for example:
- we automatically collect some information about your use of the Website. This information helps us to make improvements to content and navigation and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
we will collect your Data automatically using tracking technologies. For more information about these tracking technologies, and how we use them on the Website, see the sections below, headed "Cookies".
Our use of Data
10. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible Website and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
improvement of our Website;
transmission by email of marketing materials that may be of interest to you;
contact for market research purposes which may be done using email. Such information may be used to customise or update the Website;
in each case, in accordance with this Policy.
11. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).
12. For the delivery of direct marketing to you via e-mail, we will need your consent, whether via an opt-in or soft-opt-in:
soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/website, and we are marketing similar products/Websites). Under "soft opt-in" consent, we will take your consent as given unless you opt-out;
for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we will provide;
if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
13. When you register with us to use our Website, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
14. We may use your Data to show you adverts and promotions as well as other content on other websites. If you do not want us to use your Data to show you adverts and promotions as well as content on other websites, please turn off the relevant cookies (please refer to the section headed "Cookies" below).
Who we share Data with
15. We may share your Data with the following groups of people for the following reasons:
our employees, agents and/or professional advisors in order to obtain advice;
our payment processing provider (“PSPS”) in order to take payments from you and process refunds due to you where appropriate;
third-party Website providers who process personal data to provide analytics which help us ensure the Website runs smoothly and optimise and customise the Website for you;
in each case, in accordance with this Policy.
Keeping Data secure
16. We will use technical and organisational measures to safeguard your Data, for example:
access to your account is controlled by a password and a user name that is unique to you.
we store your Data on secure servers.
payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
17. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us.
18. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
19. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this Policy or until you request that the Data be deleted.
20. However, please note that even if we delete your personal Data, it may persist on backup or archival media for legal, tax or regulatory purposes or we may retain anonymised records of your historical use of the Website for analytics purposes.
21. You have the following rights in relation to your Data:
Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Data.
Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us. We will endeavour to respond to your request as soon as is practicable or within a reasonable timeframe.
22. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.
24. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
25. Data which we collect from you may be stored and processed in and transferred to countries outside of the United Kingdom or European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the United Kingdom or EEA or one of our Website providers is situated in a country outside the United Kingdom or EEA. We also share information with our group companies, some of which are located outside the United Kingdom and EEA.
26. We will only transfer Data outside the United Kingdom and/or EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission.
27. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third-parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other Websites
28. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for their content. This Policy does not extend to your use of such websites. You are advised to read the Policy or statement of other websites prior to using them.
Changes of business ownership and control
29. Swanfall may, from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of Swanfall. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
30. We may also disclose Data to a prospective purchaser of our business or any part of it.
31. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
33. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
34. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Swanfall to provide a better experience and Website to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
35. This Website may place the following Cookies:
Type of Cookies
Strictly necessary cookies: These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing Websites.
Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies: These are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies: These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
36. You can find a list of Cookies that we use in the Cookie schedule.
37. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
38. You can choose to delete Cookies at any time, however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
39. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
40. For more information generally on cookies, including how to disable them, please refer to www.aboutcookies.org. You will also find details on how to delete cookies from your computer.
41. You may not transfer any of your rights under this Policy to any other person. We may transfer our rights under this Policy where we reasonably believe your rights will not be affected.
42. If any court or competent authority finds that any provision of this Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Policy will not be affected.
43. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
44. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
Changes to this Policy
45. Swanfall reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please contact us to let us know.
We use the following strictly necessary cookies:
ssr-caching – (1 day): The ssr-caching cookie is set by WIX and indicates how a site was rendered.
XSRF-TOKEN – (session): This cookie is set by Wix and is used for security purposes.
Hs – (session): Wix platform sets this cookie for security purposes.
We use the following analytical/performance cookies:
bSession - (30 Minutes): Used for system effectiveness measurement
fedops.logger.defaultOverrides - (1 persistent): Used for stability/effectiveness measurement.
We use the following functionality cookies:
We use the following targeting cookies:
svSession – (2 years): Tracks a visitor across all wix.com sites. The information collected can be used to make advertisement more relevant for the visitor.