Privacy Notice

  • 1. Introduction
    • 1.1 BananaFrogsare committed to safeguarding the privacy of persons for whom we process Personal Data. In this privacy notice we explain how we will treat Personal Data processed by us, in accordance with UK data protection legislation, including the Data Protection Act 2018, the Privacy and Electronic Communications Regulations and the General Data Protection Regulation
    • 1.2 Personal Data includes any information relating to an identified or identifiable natural person (‘Data Subject’) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
    • 1.3 Processing, for the purpose of this Privacy Notice, means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaption or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or
      destruction.As discussed, this is on the basis that no special category personal data is being collected or personal data relating to criminal convictions or suspicion of criminal activities.
    • .4 Before you disclose to us the Personal Data you must obtain that person’s consent, or have another lawful basis for such disclosure.
  • 2. Processing Personal Data – Lawful Bases
    • 2.1 We will only process such Personal Data which is adequate, relevant and limited to what is necessary to achieve the purpose of the processing.
    • 2.2 We may process Personal Data for the following lawful purposes:
      • (a) Performance of a contract or to enter into pre-contractual negotiations;
      • (b) Compliance with a legal obligation placed on us;
      • (c) To protect the vital interests of either yourself or another person; and/or
      • (d) For other reasons with your consent, which can be withdrawn at any time. Withdrawal of your consent does not affect the lawfulness of processing up to the time of the time of your
        withdrawal.This will probably need to be amended when you start charging as the company will probably need legitimate interests and legitimate interest assessments as it develops.
  • 3. ProcessingPersonal Data – How We Obtain and Collect Personal Data
    • 3.1 We process Personal Data that you provide us with through our website or as part of your contract with us.Such Personal Data includes:
      • • any contact details which you provide us with using our ‘Contact Us’ page on the website
      • • your IP address;
      • • any personal data or payment details which you provide us with as part of your contract with us.
    • 3.2 We may also process Personal Data from your visit to our website. Such Personal Data includes:
      • (a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
      • (b) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address). You can inform us at any time you no longer require our email notifications/ newsletter;
      • (c) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);
      • (d) information relating to any purchases you make of our services or any other transactions that you enter into through our website (including your name, address, telephone number and email address);
      • (e) information contained in, or relating to, any communication that you send to us or send through our website (including the communication content and metadata associated with the communication);
      • (f) information necessary so as to provide third parties with statistical information about our users;
      • (g) information required so as to deal with enquiries and complaints made by, or about, you relating to our website;
      • (h) information required so as to keep our website secure and prevent fraud;
      • (i) information required so as to verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our ‘Contact Us’ page on our website); and
      • (j) any other personal information that you choose to send to us.
  • 4. When, and with whom, will we share your Personal Data? From time to time we will need to share your personal data with other third parties.
    • 4.1 We may disclose your Personal Data to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
    • 4.2 We may disclose your Personal Data:
      • (a) to the extent that we are required to do so by law;
      • (b) to protect rights, property, the safety of us, our customers, users of our website or other persons;
      • c) in connection with any ongoing or prospective legal proceedings;
      • (d) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
      • (e) to the purchaser (or prospective purchaser) of any business; or asset that we are (or are contemplating) selling;
      • (f) to another organisation if we enter into a joint venture or merge with another organisation; and/or
      • (g) any member of our group, which means our subsidiaries, as defined in section 1159 of the UK Companies Act 2006
    • 4.3 We will not, without your express consent, supply your Personal Data to any third party for the purpose of their, or any other third party’s marketing.
    • 4.4 Except as provided in this policy, we will not provide your Personal Data to third parties without first obtaining your consent.
    • 4.5 Any third party who we share your Personal Data with are obliged to keep your details securely and when no longer needed, to dispose of them securely or to return the Personal Data to us.
  • 5. For how long will we keep your Personal Data?
    • 5.1 Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    • 5.2 Unless we advise you otherwise, we will retain your Personal Data in accordance with our retention periods. We determine retention periods for Personal Data based on legal requirements and best
      practice.In due course this will need to be reviewed at the point of charging and a retention policy will need to be put in place. Whilst it is advisable that this is done at this stage, it is not deemed an absolute essential.
  • 6. How we ensure your Personal Data is kept securely
    • 6.1 We will take reasonable organisational and technical precautions to prevent the loss, misuse or alteration of your personal information.
    • 6.2 We will store all the data you provide securely using cloud storageand on secure password and firewallprotected servers.
    • 6.3 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
  • 7. Your Rights You have the certain rights regarding the Personal Data which we hold about you:
    • 7.1 right of access – you have the right to request a copy of the information that we hold about you, and to whom it has been disclosed;
    • 7.2 right of rectification – you have a right to correct Personal Data that we hold about you that you think is inaccurate or incomplete;
    • 7.3 right to erasure (‘right to be forgotten’) – in certain circumstances you can ask for the Personal Data which we hold about you to be erased from our records;
    • 7.4 right to restriction of processing – in certain circumstances you have a right to restrict the processing of Personal Data;
    • 7.5 right to data portability– you have a right to have the Personal Data we hold about you provided to you in a machine-readable format, and the right to have that transferred to another organisation;
    • 7.6 right to object – you have the right to object to direct marketing, which is an absolute right to object and cannot be refused;
    • 7.7 right to object – you have the right to object to processing which is based on the legitimate interests of BananaFrogs. Such objections will be assessed on their respective legal merits; and
    • 7.8 right not to be subject to automated profiling – you have the right not to be subject to a decision based solely on automated processing or profiling.
  • 8. What if you are not happy?
    • 8.1 In the event that we refuse your request to exercise any of your rights, we will provide you with a reason why.
    • 8.2 If you wish to make a complaint about how your Personal Data is being processed by us, or any third party on our behalf, we would be grateful if you would in the first instance contact the person responsible for data protection at Banana Frogs, Charles Doran, using the contact details provided in paragraph 13 below, who will endeavour to resolve your issue to your satisfaction.
    • 8.3 You also have the right to complain directly to the Information Commissioner’s Office and seek other legal remedies.
  • 9. Links to other websites
    • 9.1 Our website includes hyperlinks to, and details of, third party websites.
    • 9.2 We have no control over, and are not responsible for, the privacy policies, terms and conditions and practices of third parties.
  • 10. Updating Personal Data Please let us know if any of your details change, need to be corrected or updated. We will then be able to change our records, we cannot do so unless you notify us of any alterations. You can contact us by post, email, telephone, or via our website using the contact details provided in paragraph 13 below.
  • 11. Transfers of Personal Data to a Country Outside of the UK, Europe or EEA If we need to transfer Personal Data for processing to a country outside of the UK, EU or EEA, we will generally only do so where there is a lawful basis for this:That is to say where:
    • (a) the European Commission have taken an adequacy decision in respect of the country;
    • (b) lawful binding corporate rules are in place;
    • (c) lawful model contract clauses are in place;
    • (d) we have obtained your specific consent to the proposed transfer, and you have been advised of the possible risks of such transfers;
    • (e) the transfer is necessary for the performance of a contract between ourselves, or are part of the implementation of pre-contractual measures taken at your requests;
    • (f) the transfer is necessary for the conclusion or performance of a contract concluded in the interests of you, and us, and another party;
    • (g) the transfer is necessary for important reasons of public interest;
    • (h) the transfer is necessary for the establishment, exercise or defence of legal claims; and/or
    • (i) the transfer is necessary in order to protect the vital interests of you or others, where you are physically or legally incapable of giving legal consent.
  • 12. Cookies
    • 12.1 Our website uses cookies and Google Analytics.
    • 12.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
    • 12.3 Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
    • 12.4 We use persistent and session cookies on our website.
    • 12.5 Most browsers allow you to refuse to accept cookies. Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use all the features on our website. You can delete cookies already stored on your computer.
  • 13. About Us
    • 13.1 BananaFrogs is a registered company. We are registered in Scotland under registration number SC633645, and our registered office is 6&7 Queen's Terrace, Aberdeen, Scotland, AB10 1XL. Our website address is www.bananafrogs.com.
    • 13.2 Our principal place of business is at our registered office.
    • 13.3 You can contact us:
    • 13.4 The person responsible for data protection within our company is Charles Doran, who can be contacted using the details in this paragraph.
  • 14. How we will notify you of any changes to our Privacy Notice
    • 14.1 We may update this policy from time to time by publishing a new version on our website.
    • 14.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
    • 14.3 We may also notify you of changes to this policy by email.

This Policy is generally available to customers, users and other third parties on our website. If a hard copy or email version of this policy is required by any person, it will be sent to them without delay.

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