Privacy Policy

INTRODUCTION  

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

 

1.  IMPORTANT INFORMATION AND WHO WE ARE  

PURPOSE OF THIS PRIVACY NOTICE  

Where we refer to “we”, “us” and “our”, we mean Top Benefit Schemes Limited.

We treat your privacy very seriously and we do all that we can to ensure that the data held about our customers is protected and used correctly.

This Privacy Policy sets out what information we hold about you as a member of Virgin Money Back and the ways in which we use this information to provide the service.

Virgin Money Back is provided by Top Benefit Schemes Limited. Top Benefit Schemes Limited will collect and control your personal data so that  we can operate your Virgin Money Back account.

Virgin Money Back is promoted by Virgin Money plc. Their company number is 06952311 and their registered office is at Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL. Virgin Money plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority.

Top Benefit Schemes Limited and Virgin Money are  data controllers in common  and responsible for your personal data. This means that us and Virgin Money plc will process your data but in different ways and for different purposes. We have set out in this privacy statement how we will use your data and why we use it. To see how Virgin Money plc use your data please click here.

CONTACT DETAILS  

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice or how Top Benefits Schemes Limited uses your data, please contact us at enquiries@topbenefitschemes.co.uk.

For more information about how Virgin Money plc uses your data and the data they hold about you, please go to http://uk.virginmoney.com/virgin/security.jsp or write to the Data Protection Officer, Virgin Money plc, Jubilee House, Gosforth, Newcastle upon Tyne NE3 4PL.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance at enquiries@topbenefitschemes.co.uk.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES  

This version was last updated in May 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS  

This website includes links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

2.  THE DATA WE COLLECT ABOUT YOU  

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name and date of birth.
  • Contact Data includes email address and postcode.
  • Financial Data includes bank account details where your cashback is paid.
  • Transaction Data includes details about payments from you to retailers featured on our website from time to time and other details of products and services you have purchased from such retailers via our website.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your first name, last name, date of birth, email address,  postcode  password.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA  

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you in order  to provide you with the cashback service. In this case, you will not be able to join the Virgin Money Back programme.

 

3.  HOW IS YOUR PERSONAL DATA COLLECTED?  

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Transaction or Financial Data by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you:

  • create a Virgin Money Back account;
  • submit a claim or enquiry about a transaction via our website; or
  • give us some feedback

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details. [As you navigate our website, we may collect Usage Data, Profile Data and Marketing and Communications Data as specified by you from time to time.]

Essential Third parties In order to facilitate the cashback service, we need to receive personal data about you from various third parties as set out below:

  • Technical, Transactional, Identity and Contact Data from the following parties:
  • Affiliate networks based both inside and outside the EU. An affiliate network is a network that acts as an intermediary between the Virgin Money Back website which features products and services and the merchants who create or sell those products and services. The affiliate network reports the tracking of cashback, any payments and refund processing together with assisting with any untracked sales which you may tell us about.
  • Retailers featured on the website from time to time 

Non Essential Third Parties to help improve the service we provide and the functionality of our website we may receive Technical Data from analytics providers such as Google based outside the EU.

 

4.  HOW WE USE YOUR PERSONAL DATA  

We will only use your personal data when the law allows us to. 

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA  

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party.

 

Activity/Purpose

Type of Data

Lawful basis for processing including basis for legitimate interest

1.

In order to provide the Virgin Money Back service to you including:

·         To process and facilitate any   cashback due to you

 

·         Manage pay outs from your Virgin Money Back account including sending a payment via third parties such as BACS

 

               ·         processing of missing cashback payments (once received from networks)

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

Performance of a contract with you

2.

Answer and process any claims or enquiries you may raise with us including:

·         submission and actioning of any enquiry from you

 

·         submission of a claim for missing cashback

 

·         contesting claims

 

·         escalating and formal complaints, including responding to ombudsman or court proceedings)

in order to ensure your cashback process runs smoothly, provide any assistance with the site and challenge and defend any claims or actions which may be detrimental to our business.

(a)    Identity 

(b)    Contact

(c)   Transaction

Necessary for our legitimate Interests to provide the most effective service to the members and for evidential purposes in the event of a dispute.

3.

Utilising fraud prevention measures in order to protect the business, members and retailers featured on the website from fraudulent activity and any resulting consequences

(a) Identity

(b) Contact

(c) Transaction

(d) Technical

(e) Profile

Necessary for our legitimate interests to prevent fraud

 

4.

To manage our relationship with you which will include:

·         Notifying you about changes to our terms or privacy policy

 

·         Updating your details on our system, validating a payout request or resetting a security question in order to keep our records updated

 

a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(e) Technical

 

Necessary for our legitimate interests for updating customer details and preferences

 

5.

To allow us to carry out email marketing campaigns

(a)    Contact

     (b)    Profile

     (c)  Usage

Legitimate interests  for the promotion of the Virgin Money Back service

6.

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, fraud prevention measures)

 In order for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise

(a) Identity

(b) Contact

(c) Technical

(d) Financial

(e) Transactional

 

Necessary for our legitimate interests of site security

 

7.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

In order to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy

a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests of web analytics, profiling and personalisation

 

MARKETING  

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

Promotional offers from us  

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have signed up to the Virgin Money Back service and you have expressly consented to receive these marketing emails.

Third-party marketing  

We will never sell your personal data with any company outside the Top Benefit Schemes Limited group of companies and Virgin Money plc group of companies for marketing purposes.

Opting out  

You can ask us to stop sending you marketing messages at any time by logging into your Virgin Money Back account and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.

COOKIES  

Cookies are small pieces of data or information that are stored by your browser onto their hard-drive. The information cannot be seen by any other websites (so the information is secure) and is used by us to provide features to aid the use of our services.

In order to track your purchases, cookies are stored on your computer, and they contain tracking information so that when you visit a retailer through Virgin Money Back, any purchases made will result in the retailer reading this information. The retailer will then send us information about your purchase, at which point we can then credit your account. Therefore, in order to use the Virgin Money Back service and earn cashback, it is a requirement to have cookies enabled in your browser software.

For more information regarding the use of cookies, please visit http://www.allaboutcookies.org.

CHANGE OF PURPOSE  

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

5.  DISCLOSURES OF YOUR PERSONAL DATA  

We may have to share your personal data with the parties set out below (who are also bound to keep it safe and secure) for the purposes set out in the table in paragraph 4 above.

External Third Parties as follows: 

⦁ Virgin Money plc and companies within its group

⦁ Companies within Top Benefit Schemes group

⦁ Service providers who provide IT and system administration services

⦁ Various affiliate networks who track your purchases made via the website

⦁ Retailers as featured on the website from time to time in the event of a tracking failure

⦁ Any regulators and other authorities based in the United Kingdom 

⦁ Email providers

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

6.  INTERNATIONAL TRANSFERS  

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. 

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. 

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. 

Please contact us at enquiries@topbenefitschemes.co.uk if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

 

7.  DATA SECURITY  

We treat the security of your data extremely seriously and have a number of measures in place to ensure that your data is not compromised or accessed unless absolutely necessary to offer our services.

All of our data is held on secure servers and your password and payment details are encrypted. Only staff members who need this information to provide the service have access to this data and they will only see limited information such as the last four digits of your bank account number. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Where we have given you (or you have chosen) a password which enables you to access certain parts of the Virgin Money Back site, you are responsible for keeping this password safe. We ask you not to share your password with anyone.

However, the transmission of data on the internet is not completely secure and is at your own risk. We cannot guarantee the security of data that you transmit to the Virgin Money Back website but we will do our best to protect your personal data and we will use strict procedures and security features to prevent unauthorised access to it.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

8.  DATA RETENTION  

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?  

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

9.  YOUR LEGAL RIGHTS  

YOUR LEGAL RIGHTS  

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. You can update your details on your Virgin Money Back account by logging into your account and going to your Account. If you believe that we hold any inaccurate information about you, you can contact us by emailing enquiries@virginmoneyback.com.

Updating your details (including marketing preferences) on your Virgin Money Back account will not automatically update your details on your Virgin Money Credit Card account so you will need to contact Virgin Money plc separately if your details for your credit card account or other accounts have changed. Please see http://uk.virginmoney.com/virgin/contact/ for more details about how to get in touch with Virgin Money plc.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 If you wish to exercise any of the rights set out above, please contact us at enquiries@topbenefitschemes.co.uk.

NO FEE USUALLY REQUIRED  

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND  

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.