Privacy Policy

TMLL LTD (“Temperley London”)

The data controller under the General Data Protection Regulation (EU) 2016/679 and the UK GDPR (“GDPR”) is Temperley London.

Temperley London (“We”) has prepared this privacy policy (the “Privacy Policy”) to describe to you our practices regarding the personal data collected from users (the “Personal Data”) during the utilization of the website: https://temperleyid.com and mobile applications: Temperley London ID App (the “Platforms”) for the online services rendered as a result of the navigation of the Platforms, including the redemption and collection of digital collectibles, as well as redemption and collection of benefits provided by us or our partners related to such digital collectible (collectively, the “Services”).

This Privacy Policy was last updated on 25/08/2024.

1. Personal Data which is processed through the Platforms

• E-mail address
• Name and surname
• Gender
• Country of residence
• Date of Birth
• Phone number
• Information about disputes/complaints
• Geolocation data which is processed in anonymised form
• Contractual data related to the products and Services provided

Further data which may be processed through technological tools:

• Log files: IP addresses, browser type, type of device, Internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data.
• Pixel Tag: we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are very small graphic images with a unique identifier that are used to track online movements of Web users. Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
• Cookies: we are collecting cookies on the website solely for the purpose of authentication, to ensure that it is you who is logged in and allow you to access your profile information on the website.
• Analytics Services: In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Platforms. This includes third party analytics services that we engage to help us analyze how users use the Platforms. The information received is solely used to improve our Platforms. The information generated by the Cookies or other technologies about your use of our Platforms (the “Analytics Information”) may be used to compile reports on user activity. We may also transfer Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. By using our Platforms, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.
• Public Wallet ID: Your Public Wallet ID is available to the public and anonymous. If you connect your Public Wallet ID within the Platforms we will be able to associate your Personal Data with your Public Wallet ID. The connection is needed for you to be able to enjoy the rewards and benefits that may derive from the redemption of your digital collectibles within the Platforms. Upon erasure of your Personal Data we no longer will be able to associate your Public Wallet ID with your Personal Data.

2. Purpose and Legal Basis for the data processing

2.1 Contractual Purposes - The data you provide will be processed by us for the purpose of entering into a contract and fulfilling contractual and pre-contractual obligations, such as enabling your registration on the Platform so that you can request the issuance of products or Services as well be notified of support and maintenance updates.

2.2 Purpose of fulfilling legal obligations - Data will be used to fulfill obligations under applicable laws, which includes bookkeeping and to notify you for security or fraud protection.

2.3 Direct Marketing Purposes - Only with your explicit and specific consent may data be used to conduct market surveys, promotional activities and send commercial information about our company, the Platforms, our Services, products and promotional initiatives.

2.4 Profiling Purposes for Improving Service Offerings - We use the data to perform statistical analysis, aggregate marketing profiles, to manage the relationship with advertisers and improve campaigns as well as to infer patterns of usage of our products and services (including the Services) and to assist business directions in developing digital strategies.

2.5 Direct Marketing Purposes by Third Parties - Only with your explicit and specific consent, your data may be provided to other companies, including without limitation those operating in the automotive, insurance, gas & oil, energy, large-scale retail, food, banking, sports, publishing, and telephone sectors, which may contact you as owners of autonomous initiatives for statistical analysis, market surveys, and sending commercial information on services and promotional initiatives. We may disclose the results of aggregated data about you for marketing or promotional purposes, as further described below. We may disclose to the owners of certain content available through the Services, or their representatives, the following types of aggregated data about usage of such content: the number of views and the number of users who view the content, statistical information about users who view the content by geography, the referring URLs of users who view the content, the number of users who interacted with the content in specific ways, and other similar aggregated information relating to usage of the content.

2.6 Statistical Analysis Purposes - The data will be used to carry out statistical and aggregate analysis activities, without affecting the individual data subject.

2.7 Purposes of promoting similar products or services ("Soft Spamming") - data will be used to enable us to promote and sell directly products or services similar to those you have already purchased, using the email address you provided in the context of a previous purchase, provided that you do not exercise your right to object by contacting us or through the appropriate link at the bottom of any email with promotional content that will be sent to you.

2.8 Purpose ofCustomer Support and assistance in the solving of a complaint through the Platform - Customer support data is collected on a case-by-case basis and stored for the purpose of resolving disputes and service quality issues. We may use the platforms of our contractual partners to investigate and to respond to relevant complaints. In case you lodge a complaint through the Platforms or otherwise, we process the latter and run an investigation.

3. Data Retention and Duration of Processing

We will store data according to the following criteria:

• Contractual purposes - up to the time necessary for the performance of the services you have requested and thereafter at most for the period of prescription of rights (10 years).
• Purposes of compliance with legal obligations - until the end of the mandatory retention period established by applicable laws (particularly accounting and tax laws).
• Direct Marketing Purposes - until consent is withdrawn or cancelled and, in the case of your inactivity and lack of contact with us (e.g., not opening emails, not registering for events, not purchasing products or services, etc.), after 5 years.
• Profiling Purposes for Improvement of Service Offerings - data processed from time to time, will be deleted after 12 months from the start of processing.
• Direct Marketing Purposes by third parties - until consent is revoked or cancelled and, in case of your inactivity and lack of contact with us (e.g., you don't open emails, you don't register for events, you don't purchase products or services, etc.), after 5 years.
• Statistical analysis purposes - until the request for data deletion or deletion depending on the retention time of one of the other pursued purposes.
• Purposes of promoting similar products or services ("Soft Spamming") - personal data may be retained at most until you object, which may be at any time, and, in case of your inactivity and lack of contact with us (e.g., you do not open emails, do not register for events, do not purchase products or services, etc.), after 5 years.
• If your account is closed, Personal Data will be deleted (according to the policies set out in this section), unless such data is required to be retained for accounting, dispute resolution or fraud prevention purposes.
• In the event that there are suspicions of criminal offence, fraud or false information having been provided, the data will be stored for 10 years in order to hinder the renewed registration of the person who acted unlawfully.
• In case of payment disputes, Personal Data will be retained until the dispute has been resolved or until the statute of limitation of the claim has elapsed (in principle for 5 years).

4. Recipients of the Personal Data and Location of processing

• Only our authorized employees, and the authorized employees of contractual partners, can access Personal Data, to the extent necessary to comply with requests of the users in connection with the Services as well as ensuring the adequate functioning of the Platforms. We may also share Personal Data with our Partners if, when you redeem a digital collectible, you agree to enjoy the benefits and awards made available from said Partners - in case of refusal no Personal Data will be shared.
• We may share your Personal Data with the following categories of recipients:
  • Promotional, marketing and strategic partners: We may share limited data like your email address with our promotional, marketing and strategic partners so that they can inform you about promotional events and provide you with information and marketing messages about products or services that may interest you. In addition, we may share your personal data with marketing platform providers, including social media advertising services, advertising networks, third-party data providers, to reach or better understand our users and measure the effectiveness of our ads on other platforms and with social media platforms.
  • Third-party service providers: Our third-party vendors and other service providers and contractors have access to your personal data to help carry out the services they are performing for us or on behalf of us. This may include vendors and providers who provide email or moreover electronic communication services, tax, legal and accounting services, product fulfilment, payment processing, customer support, fraud prevention and detection, data enhancement, web hosting and cloud storage, the management, further development and maintenance of the Platforms (undertaken by MIOO Tech Sagl) research, including surveys, analytics, crash reporting, performance monitoring and artificial intelligence, machine learning and statistical services.
• Any processing of Personal Data by any third party will occur under the same conditions as established in this Privacy Policy and accordance with applicable laws.
• Your personal data will be processed within the territory of the European Union. Any personal data collected in the course of providing the Services is transferred to and stored in servers and data center operated through Kamatera, Inc., which are located in the territory of England.
• Should it become necessary for technical and/or operational issues to use entities located outside the European Union, or should it become necessary to transfer some of the collected data to technical systems and services managed in the cloud and located outside the European Union area, the processing will be regulated in accordance with the provisions of Chapter V of the Regulation and authorized on the basis of specific decisions of the European Union. Therefore, all necessary precautions will be taken in order to ensure the most complete protection of personal data by basing such transfer: a) on adequacy decisions of the third country recipients as expressed by the European Commission; b) on adequate guarantees expressed by the third party recipient pursuant to Article 46 of the Regulation; c) on the adoption of so-called Binding Corporate rules. In such cases, upon your request addressed to us, you may obtain a copy of such adopted guarantees.

5. Privacy Rights

You have the following rights in respect of your personal data that we hold provided by GDPR:

• Right of access (Art. 15). You have the right to access the personal information that we hold about you - which are accessible through the Platforms.
• Right to rectification (Art. 16). You may have the right to require us to correct any inaccurate or incomplete personal information we hold about you.
• Right to erasure (Art. 17). In certain circumstances you may have the right to the erasure of your personal data we hold about you (for example where it is no longer necessary in relation to the purposes for which it was collected or processed).
  • You should also bear in mind that any request to delete your Personal Data is possible only if your account is also deleted. As a result of that you will not be able to use the Services.
  • We respond to any request to delete Personal Data submitted by e-mail within a month and will specify the period of data deletion.
  • In case we are required to store Personal Data pursuant to a legal obligation, we will not be able to comply with your request for deletion.
• Right to restriction (Art. 18). You may have the right to request that we restrict processing of your personal information in certain circumstances (for example where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data).
• Right to portability (Art. 20). You may have the right to portability which allows you to move, copy or transfer personal data. We will respond to any request for transfer of Personal Data submitted by e-mail within a month and specify when the data transfer will take place. After we have verified the customer in question, we will provide you with your Personal Data.
• Right to object (Art. 21). You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you based on legitimate interest, including profiling based on it. We shall refrain from processing unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of a legal claim;
• Rights in relation to automated decision making and profiling (Art. 22). You have the right not to be subject to a decision that affects you based solely on automated processing.
• Right to revoke, at any time, the consent given, without affecting the lawfulness of the processing based on the consent given before revocation.

If you want to modify any user personal data, delete your e-mail address from our promotion e-mail list, or cancel your account, you may update your personal data in the settings or contact our support team.

The mere deletion of your e-mail address from our e-mail list or database will not delete the user data you submitted to us or previous records of using our Services, nor will it delete the information stored in our data back-up and archiving.

If you wish to exercise one of these rights, please contact us using the information in the ‘Contacting us’ section of this Privacy Policy.

6. Direct marketing and benefits

• We will only use your e-mail address to send direct marketing messages if you have given us the permission to do so via our Platforms.
• If you no longer wish to receive direct marketing messages, please click the “Unsubscribe” link in the footer of our e-mail or change the settings related to direct marketing in the Platforms.
• We may direct to you marketing campaigns that contain gifts, sweepstakes and other marketing or promotional materials of our partner.

7. Contacting Us, Dispute Resolution and Remedies

• If you have any questions, comments about this Privacy Policy or if you wish to exercise one of the rights as per Clause “Privacy Rights”, you may contact us by email at info@temperleyid.com.
• Disputes relating to the processing of Personal Data are resolved through our in-platform customer support or by contacting info@temperleyid.com.
• In case you believe that the data processing is unlawful, you are entitled to start the procedure before the competent National Authority. For users resident in the European Union, you can find the list and contacts of EU National Data Protection Authorities here (https://edpb.europa.eu/about-edpb/about-edpb/members_en).