TrainClaimer

Privacy Policy and Cookies Information

Policy updated 5th September 2018

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This Privacy Policy sets out how we, TrainClaimer, collect, store and use information about you when you use or interact with our website, www.trainclaimer.com (our website) and where we otherwise obtain or collect information about you. This Privacy Policy is in compliance with the GDPR (General Data Protection Regulation) requirements.

Our details

Chilli Studio Limited (we, our and us) operates the website.

Chilli Studio Limited is a company registered in England under company number 9599758.

Our contact email address is .

Summary

This section summarises how we obtain, store, and use information about you. It is intended to provide a very general overview only. It is not complete in and of itself and it must be read in conjunction with the corresponding full sections of this Privacy Policy.

  • Data controller: Stuart Pinfold
  • How we collect or obtain information about you:
    • When you provide it to us by registering and operating a free of charge TrainClaimer account
    • When you provide it to us by contacting us
    • From your use of our website through the use of cookies
    • From third parties
  • Information we might collect and store:
    • Full name
    • Email address
    • Facebook account ID number
    • Postal Address
    • Telephone number
    • BACS details and/or PayPal account email address
    • IP address, including your geographical location
    • Information from cookies
    • Information about your computer or device
    • Information about how you use our website, which pages you have viewed, the time when you view them and what you clicked on
  • How we use your information:
    • For administrative and business purposes
    • To fulfil our contractual obligations
    • To advertise our goods and services (for newsletter subscribers only)
    • To analyse your use of our website
    • In connection with our legal rights and obligations
  • Disclosure of your information to third parties: only to the extent necessary to run our business, to our service providers, to fulfil any contracts we enter into with you, and where required by law or to enforce our legal rights.
  • We never sell your information to third parties (other than in the course of a business sale or purchase or similar event).
  • How long we retain your information: for no longer than necessary, taking into account any legal obligations we have, any other legal basis we have for using your information.
  • How we secure your information: using appropriate technical and organisational measures such as storing your information on secure servers, encrypting transfers of data to or from our servers using Secure Sockets Layer (SSL) technology, only granting access to your information where necessary.
  • Use of cookies: we use cookies on our website including essential, functional, and analytical and targeting cookies.
  • Transfers of your information outside the European Economic Area: we will only transfer your information outside the European Economic Area if we are required to do so by law.
  • Your rights in relation to your information:
    • to access your information and to receive information about its use
    • to have your information corrected and/or completed
    • to have your information deleted
    • to restrict the use of your information
    • to receive your information in a portable format
    • to object to the use of your information
    • to withdraw your consent to the use of your information
    • to complain to a supervisory authority
  • Sensitive personal information: For the purposes of compensation only, we may ask for your bank account details. You can opt not to do this if you choose; in which case compensation will arrive via post.

Google Analytics

A third-party plugin from Google called Google Analytics automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website, and your browser version and operating system. We use this information to help us improve the site but the information is retained and controlled by Google. You can opt-out of sending data to Google Analytics for this website by turning off tracking cookies.


Information we collect when you contact us

We collect and use information from individuals who contact us in accordance with this section.

Email:

When you send an email to us, we collect your email address and any other information you provide in that email.

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
  • Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services, we will process your information in order to do so.

Emails you send us will be stored within the European Economic Area on servers in the United Kingdom.

Contact form:

When you contact us using our contact form, we collect your name, email address, IP address, and the TrainClaimer account ID you are logged into. We also collect any other information you provide to us when you complete the contact form including any optional information, such as phone number.

If you do not provide the mandatory information required by our contact form, you will not be able to submit the contact form and we will not receive your enquiry.

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interest(s): responding to enquiries and messages we receive and keeping records of correspondence.
  • Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: where your message relates to us providing you with goods or services or taking steps at your request prior to providing you with our goods and services, we will process your information in order to do so.

Contact form messages you submit will be stored within the European Economic Area on servers in the United Kingdom.


Information we collect when you interact with our website:

We collect and use information from individuals who interact with particular features of our website in accordance with this section.

Mailing List

When you opt in to our mailing list from your profile, you give us permission to send occasional news and information about the website.

  • Legal basis for processing: your consent (Article 6(1)(a) of the General Data Protection Regulation).
  • Consent: you give your consent to us sending you occasional emails by signing up to receive them using the steps described above.

Information we collect when you register an account:

When you register and create an account on our website, we collect the following information:

  • Full name
  • Email address
  • IP address

In addition if you wish to receive compensation from the train companies, we also need:

  • Your full address
  • Your telephone number
  • Your bank account details and/or your PayPal email address

If you do not provide the mandatory information required by the registration form, you will not be able to register or create an account on our website.

  • Legal basis for processing: necessary to perform a contract [or to take steps at your request prior to entering into a contract] (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: creating an account on our website is necessary to allow you to access the services you have purchased from us.

Information you submit to us via the registration form or profile form on our website will be stored within the European Economic Area on servers in the United Kingdom.


Information we collect when you submit a claim

When you submit a claim on our website, we collect and use the following information in accordance with this section:

  • The train you are claiming for
  • Your origin station, planned time of departure, and actual time of departure
  • Your destination station, planned time of arrival, and actual time of arrival

If you do not provide this information, you will not be able to make the compensation claim for that journey.

  • Legal basis for processing: necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: we need the mandatory information collected by our submission form to establish the journey you are claiming for to fulfil our obligations under the contract, including sending you confirmations and updates.
  • Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation).
  • Legal obligation: we have a legal obligation to keep records, including records of journeys, to enable us to submit your claim to the train operator, and answer any subsequent questions from them about your journey, in order to provide our service.

Information you submit to us when making a claim will be stored within the European Economic Area on servers in the United Kingdom.


Payments

Information relating to the processing of your payment (for either subscriptions or Credit purchases) is stored within the European Economic Area on our third party payment processor's servers in Ireland. We cannot see or process your payment information ourselves.

  • Legal basis for processing: necessary to perform a contract (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: to fulfil your contractual obligation to pay for the services you have ordered from us.

Information collected or obtained from third parties:

This section sets out how we obtain or collect information about you from third parties.

Generally, we receive information about you from third parties, predominantly Google, Facebook and Tawk.to.

It is also possible that third parties with whom we have had no prior contact may provide us with information about you.

Information we obtain from third parties will generally be your name and contact details, but will include any additional information about you which they provide to us.

  • Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: where a third party has passed on information about you to us in order for us to provide services to you, we will process your information in order to take steps at your request to enter into a contract with you and perform a contract with you.
  • Legal basis for processing: consent (Article 6(1)(a) of the General Data Protection Regulation).
  • Consent: where you have asked that a third party to share information about you with us and the purpose of sharing that information is not related to the performance of a contract or services by us to you, we will process your information on the basis of your consent, which you give by asking the third party in question to pass on your information to us.
  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interests: where a third party has shared information about you with us and you have not consented to the sharing of that information, we will have a legitimate interest in processing that information in certain circumstances.

Where we receive information about you in error:

If we receive information about you from a third party in error and/or we do not have a legal basis for processing that information, we will delete your information.

In certain circumstances we will obtain information about you from certain publicly accessible sources, both EU and non-EU, such as online customer databases, business directories, social media, and websites.

  • Legal basis for processing: necessary to perform a contract or to take steps at your request to enter into a contract (Article 6(1)(b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: where you have entered into a contract or requested that we enter into a contract with you, in certain circumstances, we will obtain information about you from public sources in order to enable us to understand your business and provide services to you or services to a sufficient standard.
  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interests: in certain circumstances, we will have a legitimate interest in obtaining information about you from public and private sources. For example, if you have infringed or we suspect that you have infringed any of our legal rights, we will have a legitimate interest in obtaining and processing information about you from such sources in order to investigate and pursue any suspected or potential infringement.

Our use of profiling:

We use profiling on our website. We do not consider that this has any legal effect on you or similarly significantly affects you.

You have the right to object to our use of profiling described in this section. You can do that by opting-out of cookies and similar technologies in accordance with the method described in the relevant section below. If you do not want us to process your actual IP address, when you visit our website, you can use a Virtual Private Network (VPN) or a free service.

You can find out more about our use of cookies and similar technologies and how to opt out from them in our cookies policy below.

Profiling

Profiling is any form of automated processing of your information to evaluate personal aspects about you, in particular to analyse or predict things like your performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Our web analytics service, Google Analytics, collects information such as your location and your behaviour when you access our website. We will only process information from cookies if you have consented to us setting cookies on your computer in accordance with our cookies policy below.

  • Logic involved: by automatically analysing and categorising information such as the location as well as the behaviour and devices of visitors to our website, we are able to gain a better understanding of what our website visitors want, how to improve our website and how to advertise and market our services to our users.
  • Significance and envisaged consequences: cookies will be used to track and store information about your behaviour and device on our website and your location will be analysed based on your IP address. We may target advertisements based on the level of interest we receive from certain visitors and their behaviour on our website.
  • Legal basis for processing: Article 6(1)(f) of the General Data Protection Regulation).

Information collected about you in this way is anonymised and stored on an aggregate basis on Google's servers.


Disclosure and additional uses of your information

This section sets out the circumstances in which will disclose information about you to third parties and any additional purposes for which we use your information.

Disclosure of your information to service providers:

We use third parties to provide us with services which are necessary to run our business or to assist us with running our business.

Your information will be shared with the service providers where necessary to provide you with the service you have requested, predominantly to process your compensation claims.

We do not display the identities of all of our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly via our contact form or by email and we will provide you with such information where you have a legitimate reason for requesting it.

  • Legal basis for processing: legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interest relied on: where we share your information with these third parties in a context other than where is necessary to perform a contract, we will share your information with such third parties in order to allow us to run and manage our business efficiently.
  • Legal basis for processing: necessary to perform a contract and/or to take steps at your request prior to entering into a contract (Article 6(1) (b) of the General Data Protection Regulation).
  • Reason why necessary to perform a contract: we need to share information with other service providers to enable us to perform our obligations under that contract or to take the steps you have requested before we enter into a contract with you.

Your information will then be stored on their servers and will be subject to any individual terms and conditions and privacy policies in place, which may change from time to time.

Disclosure of your information to other Third Parties:

We may disclose your information to other third parties in specific circumstances, as set out below.

Providing information to third parties such as Google Inc: Google collects information through our use of Google Analytics on our website. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics service. Information is shared with Google on an aggregated and anonymised basis. To find out more about what information Google collects, how it uses this information and how to control the information sent to Google, please see the following page: https://www.google.com/policies/privacy/partners/

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interest(s): meeting our contractual obligations to Google under our Google Analytics Terms of Service found at https://www.google.com/analytics/terms/us.html
  • You can opt out of Google Analytics for all websites by installing the browser plugin here: https://tools.google.com/dlpage/gaoptout

Information collected by Google Analytics is stored on Google's servers.

Sharing your information with third parties which are either related to or associated with the running of our business or where it is necessary for us to do so:

These third parties may include:

  • Accountants for tax purposes
  • Independent advisers such as lawyers and public relations professionals, only where it is necessary to enable these third parties to be able to provide us with the relevant advice.
  • Affiliates we work with to promote our business
  • Independent contractors such as web developers, only where it is necessary for them to perform the function we have hired them perform in relation to our business.

We will ensure they comply with all necessary legislation before commissioning them to carry out work on our behalf, and whenever possible information will be anonymised or incomplete.

Sharing your information with a prospective or actual purchaser in the context of a business sale, acquisition or merger:

In which case we will advise all users in the event of a sale, merger or acquisition and allow you to close your account and remove all information from our servers before your information is shared or sold.

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation.
  • Legitimate interest: running and managing our business efficiently.

We do not display the identities of all of the other third parties we may share information with by name for security and competitive reasons. If you would like further information about the identities of such third parties, however, please contact us directly by email and we will provide you with such information where you have a legitimate reason for requesting it.


Disclosure and use of your information for legal reasons

Indicating possible criminal acts or threats to public security to a competent authority:

If we suspect that criminal or potential criminal conduct has been occurred, we may in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that we fraud or a cybercrime has been committed or if we receive threats or malicious communications towards us or third parties.

We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interests: preventing crime or suspected criminal activity.

In connection with the enforcement or potential enforcement, our legal rights:

We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual or non-contractual.

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interest: enforcing our legal rights and taking steps to enforce our legal rights.

In connection with a legal or potential legal dispute or proceedings:

We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.

  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation).
  • Legitimate interest(s): resolving disputes and potential disputes.

For ongoing compliance with laws, regulations and other legal requirements:

We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one to the National Crime Agency in connection with suspected or potential money laundering matters.

  • Legal basis for processing: compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation.
  • Legal obligation(s): legal obligations to disclose information which are part of the laws or if they have been integrated into the United Kingdom's legal framework.
  • Legal basis for processing: our legitimate interests (Article 6(1)(f) of the General Data Protection Regulation.
  • Legitimate interest: where the legal obligations are part of the laws of another country and have not been integrated into the United Kingdom's legal framework, we have a legitimate interest in complying with these obligations.

How long we retain your information:

This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.

Retention periods:

  • Server log information: we retain information on our server logs for two years.

  • Claim information: when you submit a claim, we retain that information for as long as you retain an account, in accordance with our legal obligation to keep records for fraud purposes. Any un-submitted claims are deleted two weeks after it is started.
  • Correspondence and enquiries: when you make an enquiry or correspond with us for any reason, whether by email, we will retain your information for as long as it takes to respond to and resolve your enquiry, after which point we will delete your information. It will remain in trash for up to 60 days before being automatically deleted.
  • Mailing list: we retain the information you used to sign up for our mailing list for as long as you retain an account and remain a subscriber of the mailing list.

Criteria for determining retention periods:

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

  • The purpose and use of your information both now and in the future such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future
  • Whether we have any legal obligation to continue to process your information
  • Whether we have any legal basis to continue to process your information
  • How valuable your information is
  • Any relevant agreed industry practices on how long information should be retained
  • The levels of risk, cost and liability involved with us continuing to hold the information
  • How hard it is to ensure that the information can be kept up to date and accurate
  • Any relevant surrounding circumstances.

How we secure your information

We take appropriate technical and organisational measures to secure your information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:

  • Only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible
  • Using secure servers to store your information
  • Verifying the identity of any individual who requests access to information prior to granting them access to information

Transmission of information to us via email:

Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet, you do so entirely at your own risk.

We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.


Your rights in relation to your information:

Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by sending an email to :

  • To request access to your information and information related to our use and processing of your information
  • To request the correction or deletion of your information
  • To request that we restrict our use of your information
  • To receive information which you have provided to us in a structured, commonly used and human-readable format, and the right to have that information transferred to another data controller
  • To object to the processing of your information for certain purposes
  • To withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent. It may also mean that you will not be able to use our service.
  • The right not to be subject to a decision based solely on automated processing, including profiling which produces legal affects concerning you or similarly significantly affects you.

In accordance with Article 77 of the General Data Protection Regulation, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the General Data Protection Regulation.

Further information on your rights in relation to your personal data as an individual:

The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO's website:

  • https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
  • https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/

You can also find out further information about your rights, as well as information on any limitations which apply to those rights, by reading the underlying legislation contained in Articles 12 to 22 and 34 of the General Data Protection Regulation, which is available here: http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf

Verifying your identity where you request access to your information:

Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.

These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorised access to your information.

Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.

If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.

We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.

Your right to object to the processing of your information for certain purposes:

You have the following rights in relation to your information, which you may exercise by sending an email to :

  • To object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including 'profiling' based on any of these purposes
  • To object to us using or processing your information for direct marketing purposes.

You may also exercise your right to object to us using or processing your information for direct marketing purposes by:

  • Clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link
  • Updating your profile and de-ticking the mailing list option
  • Sending an email (to ), asking that we stop sending you marketing communications

For more information on how to object to our use of information collected from cookies and similar technologies, please see our cookies policy below.


Changes to our privacy policy:

We update and amend our Privacy Policy from time to time.

Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards.

Where we make major changes to our Privacy Policy or intend to use your information for a new purpose or a different purpose than the purposes for which we originally collected it, we will notify you by email (where possible) or by posting a notice on our website.

We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose.

Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.


Children's Privacy

We do not knowingly contact or collect information from persons under the age of 16. The website is not intended to solicit information of any kind from persons under the age of 16.

It is possible that we could receive information pertaining to persons under the age of 16 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 16, please do so by sending an email to .


Copyright

The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.

Questions about this policy

If you have any questions regarding any of our policies, please contact us.



Cookies

This site, like most site on the Internet, makes use of cookies. These help to provide the technical service (such as your account login) however some cookies we set relate to analytics, advertising and tracking for the purposes set out above.

You can opt in or out of these tracking cookies at the top of this page.