The Policy consists of the following sections:
The data controller who is responsible for your personal data is Cubitts KX Limited (company number 08254044), with its registered office at 97 Caledonian Road, London, N1 9BT. If you have any questions or concerns relating to your personal data or this Policy, please contact us using the following contact details: Email: firstname.lastname@example.org Postal address: 97 Caledonian Road, London, N1 9BT
Whilst you have the right to make a complaint at any time to the Information Commissioner’s Office (www.ico.org.uk), the UK supervisory authority for data protection issues, we would appreciate the chance to deal with any concerns before you approach the ICO, so please feel free to contact us in the first instance using the contact details provided.
The Information Commissioner’s Office can be contacted by post via: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or by telephone via 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.
If you are not in the UK, you can contact your local competent supervisory authority if you are in an EU or EEA member state and the App is downloaded from outside the UK. A list is available here: https://edpb.europa.eu/about-edpb/board/members_en.
This Policy was last updated on 18th February 2021. We may need to make updates or changes to this Policy from time to time. We will inform you of any such changes when you next start the app or visit our site or by email. Please let us know if your personal data changes during your relationship with us so that we can update our records.
Personal data means any information about an individual from which that person can be identified. We may collect, use, store and process the following types of personal data about you:
Identity Data includes your name, username (or similar identifier), title, date of birth, audio visual recording and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
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 our website or use our app.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, app, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Biometric Data includes facial measurements collected by using the TrueDepth Camera contained within your device. Facial measurements data we may use includes the following: Pupillary distance (PD), face dimensions, face shape, and nose dimensions.
Special Category Data includes data concerning an individual’s health such as prescription details, lifestyle details, facial measurements and photographs, and any other health information related to your eyes and/or sight, as obtained and recorded by professional Optometrists whether or not employed by us.
We may also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data as it does not directly or indirectly reveal your identity. 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 Policy.
We use different methods to collect data from and about you, including through:
Information you give us:
Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you purchase for our products or services; create an account on our website or app; subscribe to our service, mailing list and any other publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us some feedback.
Information we collect when you visit our retail store: Our physical stores are monitored by CCTV.
Information we collect about you and your device: As you interact with our website or our app, or open a marketing email we have sent you, we may automatically collect:
Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see below for further details.
Biometric Data. We use facial measurements software in our App which, locally on the device, creates a realistic 3D rendering of your face using the TrueDepth Camera. We will need to access the camera in your device to do this and we will ask for your permission to access your camera before doing so. This enables you to use our App to create bespoke products and have a better virtual try on experience. We allow you to securely upload your facial measurements data to our cloud service so that you can review, retrieve or delete your data in the future, and so we can check that the product will be a comfortable fit. If you choose to utilise our cloud service you must register an account with us. If you do not register an account with us your facial measurements data will not be uploaded to the cloud. Your biometric data is not used for identification purposes. .
Location Data. We also use the Apple Core Location API to determine your current location when using the app. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings or by contacting us.
Information we receive from Third Parties: We may receive personal data about you from various third parties as set out below: (a) We may receive Technical Data from analytics providers such as Google Analytics, AdRoll and hotjar advertising networks such as DoubleClick and Rubicon Project (see further below); (b) We may receive Contact Data from providers of technical services, including chat software providers such as Intercom and newsletter sign-up providers such as OptinMonster Search providers such as Algolia; and (c) We may receive Identity Data from Verisure Services (UK) Limited who is the provider of our instore CCTV monitoring service.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data: Where we need to perform the contract we are about to enter into or have entered into with you. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to (a) our use of Special Category Data to produce our products; and (b) sending third-party direct marketing communications to you via email or text message.
You have the right to withdraw consent to our use of this data at any time by contacting us or by amending your profile settings. We have set out below a description of all the ways we may use your personal data, and the legal bases we rely on to do so. Note that we may process your personal data for more than one lawful ground. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
Purpose/activity: To register you as a new customer.
Type of data: identity and contact
Lawful basis for processing including basis of legitimate interest: performance of a contract with you
Purpose/activity: To process and deliver your order including: manage payments, fees and charges; designing and producing our products and delivering them to you; refining and developing our internal eyewear product development design process; collect and recover money owed to us.
Type of data: identity, contact, financial, transaction, marketing and communications, special category data
Lawful basis for processing and including basis of legitimate interest: performance of a contract with you; Necessary for our legitimate interests (to produce our products in accordance with your requirements and deliver them to you and to recover debts due to us);In respect of Special Category Data only, on the basis that you have given your explicit consent to our use of your data for this purpose.
Purpose: To manage our relationship with you, which will include notifying you about changes to our terms or this Policy; asking you to leave a review or take a survey.
Type of data: identity, contact, profile, marketing and communications
Lawful basis for processing including basis of legitimate interest: performance of a contract with you, necessary to comply with a legal obligation, necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
Purpose/activity: to enable you to participate in a prize draw, competition, or complete a survey.
Type of data: identity, contact, profile, usage, marketing and communications.
Lawful basis for processing including basis of legitimate interest: performance of a contract with you; necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
Purpose/activity: To administer and protect our business and this website and our app (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Type of data: identity, contact, technical
Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (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); Necessary to comply with a legal obligation.
Purpose/activity: To prevent crime in our physical retail premises
Type of data: identity (audio visual recording)
Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to prevent theft and protect our staff); Necessary to comply with a legal obligation.
Purpose/activity: To deliver relevant website/app content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Type of data: identity, contact, profile, usage, marketing and communications, technical, biometric
Lawful basis for processing including basis of legitimate interest: Your consent to cookies and other technologies, targeted marketing and use of location data; Otherwise as necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy; Your consent to the use of your photograph and image for our facial measurements software.
Purpose/activity: To use data analytics to improve our website, app, products/services, marketing, customer relationships and experiences
Type of data: technical, usage
Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Purpose/activity: To enable us to make suggestions and recommendations to you about goods or services that may be of interest to you
Type of data: identity, contact, technical, usage, profile
Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to develop our products/services and grow our business)
Purpose/activity: To enable us to make recommendations to you about appropriate frames based on your facial measurements
Type of data: biometric
Lawful basis for processing including basis of legitimate interest: Your consent to the use of your photograph and image by the facial measurements software within the app
Purpose/activity: To enable you to visualise our products on your face within our app
Type of data: biometric
Lawful basis for processing including basis of legitimate interest: Your consent to the use of your photograph and image by the facial measurements software within the app
We use health data solely in connection with the processing and delivery of your order, specifically in connection with the production of our products (making and fitting prescription lenses). We use biometric data to enable you to use the facial measurements software on our App. We process this data on the basis that you have given explicit consent to such processing for this purpose. You have the right to withdraw your consent to our use of this health data, as explained in further detail below. 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 (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
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. For the avoidance of doubt, Special Category Data (health data) is only used for the purposes of processing product orders.
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you signed up to our mailing list or newsletter, entered a competition or registered for a promotion. We will get your express opt-in consent before we share your personal data with any company outside the Cubitts group of companies for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration or other transactions.
You will receive communications from us if you have requested that we send you push notifications, to keep you up to date about your order, our services and products. We will get your express opt-in consent before we send you any notifications and you can stop receiving them at any time by going into the Settings of your device, selecting our App and tapping “Turn Off Notifications”.
Payments using our site and app are made through our secure payment solution providers to whom you will be providing credit/debit or other payment method information for payment processing.
We may have to share your personal data with the third parties set out below for the purposes set out in the table above:
Delivery/production service providers such as UPS
Glazing companies involved in the production of your spectacles
Analytics service providers such as Google Analytics, AdRoll and hotJar
Intercom who provide chat software OptinMonster for newsletter sign-up
Adyen, who manage online payments for our app and site purchases
Advertising networks such as DoubleClick and Rubicon Project
Amazon Web Services who provide our cloud computing services
Providers of online services to monitor the success of our marketing, such as VWO and Facebook Pixel
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 Policy.
Some of our external third parties are based outside the EEA (or in future, the UK), so their processing of your personal data will involve a transfer of data outside the EEA. Any information relating to your prescription or your biometric data will not be transferred outside the EEA (or in future, the UK). Whenever we transfer your personal data out of the EEA (or in future, the UK), we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or the UK Government. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission or the UK Government which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based outside the EEA (or in future, the UK) , we shall ensure that appropriate safeguards, as approved by the European Commission or the UK Government, are in place to govern such transfers.
We require all third parties within and outside the EEA (or in future, the UK), to respect the security of your personal data and to treat it in accordance with the law. We may disclose information if legally required to do so, if requested to do so by a governmental entity or regulatory authority, or if we believe in good faith that such action is necessary to comply with legal requirements or process, prevent a crime or protect national security. If you engage, or we reasonably suspect that you are engaging, in any illegal activity, we may disclose your personal information, to the extent we determine in our sole discretion is necessary to cooperate with appropriate authorities.
Although the transmission of data over the internet may be subject to intrusion, we protect your personal data by ensuring we have implemented appropriate physical, electronic and procedural safeguards to avoid unauthorised access or disclosure, accidental loss, use, alteration or destruction of such Information. Where we engage third-party contractors, as far as is necessary, we may share Information in order for such parties to perform services on our behalf and in accordance with enforceable confidentiality obligations. 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.
You have certain rights in relation to your personal data. Please contact us by email, should you wish to:
- Request access to your personal data – enables you to receive a copy of the personal data we hold about you and check that we are lawfully processing it.
- Request correction of your personal data – you may correct any inaccuracies or incomplete data although we may need to verify the accuracy of the new data you provide.
- Request erasure of your personal data - where there’s no good reason for us to continue to process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to erase your personal data to comply with local law.
- Object to processing of your personal data – where we are relying on a legitimate interest and you object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You may also object where we are processing your data for marketing purposes.Request restriction of processing 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 transfer of your personal data – you may request that we transfer data to you or a third party. This 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.
- Withdraw consent to our use of your personal data – where we are relying on consent. This will not affect the lawfulness of processing that we carried out before you withdraw consent. If you withdraw consent, we may not be able to provide products or services to you.
- Withdraw permission to our use of your camera – you may prevent our App from accessing your camera at any time by accessing the Settings on your device, tapping on our App, and tapping the camera once to remove access.
We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of these 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 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, in which case we will let you know and keep you updated.
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. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. We retain Special Category Data which we collect as a result of performing an eye-test in-store for 10 years based on advice from the College of Optometrists. 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.
When your personal data is no longer retained, it is securely deleted and destroyed.
We may collect information about your computer or other device, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
This Policy applies to our services only. Our site and app may contain links to third-party websites, plug-ins and applications over which we have no control. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We are not responsible for the privacy policies or practices of such other websites and we encourage you to review the privacy policies, if any, on all such websites.
Cookies are small amounts of information which we may store on your computer. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and app usage and to personalise the content of the site and our marketing for you. You may set up your computer to reject all or some cookies although, in that case, you may not be able to use certain features on the site. If you do not wish to receive cookies in the future, please let us know by emailing email@example.com. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org . The following cookies are used by our website:
- Google Analytics
- Facebook Pixel Session Cookie
- Rubicon Project
We reserve the right to modify this Policy from time to time.
Dated 18 February 2021