CLUBZERØ™ is a platform operated and made available by CupClub Limited (“CupClub”, “we” or “us” in this policy). CupClub is a limited company incorporated England. Please feel free to send an email to tech@cuplub.com if you’d like to find out anything more about us.

Contact details

Our full details are:
Full name of legal entity: CupClub Limited (CRN: 09693923)
Name or title of Data Protection Officer: Marcus Bointon
Email address: tech@clubzero.co
Postal address: 2 Darley Drive, New Malden, England, KT3 3AS

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 07 June 2021. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Services Sites. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

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 our relationship with you.

Third party links

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data.
• Contact Data.
• Financial Data.
• Transaction Data.
• Device Data.
• Profile Data.
• Usage Data.
• Marketing and Communications Data.

We explain these categories of data here:

How is your personal data collected?

We will collect and process the following data about you:

Information you give us

This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, share data via an App's social media functions, enter a competition, promotion or survey and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.

Information we collect about you and your device

Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Usage Data. We usually collect this data using cookies or other similar technologies. We will also need this data to send notifications to your devices.

Information we receive from other sources including third parties and publicly available sources

We will receive personal data about you from various third parties as set out below:

• Device Data from the following parties:
analytics providers such as Google based outside the UK and the EEA;
; and
search information providers, including location information providers such as Google Maps based both in the UK and outside the EEA.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Braintree (https://www.braintreepayments.com/);
• Usage Data when we log the CLUBZERØ™ transactions, e.g. receiving a container from a participating café or you return a container to a drop point; or any containers that you still hold or where you were the most recent user;

We may collect, use, store and transfer different kinds of personal data about you as follows:

• Identity Data.
• Contact Data.
• Financial Data.
• Transaction Data.
• Device Data.
• Profile Data.
• Usage Data.
• Marketing and Communications Data.

We explain these categories of data here:

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.

We use cookies and/or other tracking technologies to distinguish you from other users of the App, App Site, the distribution platform (App store) or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites. Our cookie policy provides you with some further information. Please read our cookie policy via the link in the footer at the bottom of this page.

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

• Where we need to perform a contract we are about to enter or have entered 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 you have consented before the processing.
• Where we need to comply with a legal or regulatory obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Marketing

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us. If you have a CLUBZERØ™ account, you can opt-out of receiving our marketing communications by modifying your preferences in the "view or change my profile" section of our App or Site. You can also opt-out by modifying your email or SMS subscriptions (where applicable) by clicking on the unsubscribe link or following the opt-out instructions included in the message. Alternatively, you can send an email to tech@clubzero.co.

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table [Purposes for which we will use your personal data]:

• Internal Third Parties as set out in the [Glossary].
• External Third Parties as set out in the [Glossary]. This will include Location Data which you activate in order to find nearby CLUBZERØ™ participating locations.
• 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 policy.
  

Whilst we operate in several countries throughout the world, all personal data is stored in Amazon’s AWS data centre in London. If you are a CLUBZERØ™ user located in the EEA, Canada or the US, your personal data will be transferred and stored in London. We do not transfer your personal data outside the UK. Where any external third parties are based outside of the UK, anyone accessing your data from outside of the UK will do so through our API admin system that we make available to them.

Whenever there is a transfers of data from and to the UK, we ensure a similar degree of protection is afforded to your personal data 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;
• Where we use certain service providers, we ensure that our contracts with them have been approved for use in the UK which give personal data the same protection it has in the UK
  

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using HSTS encryption. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.

We do not encrypt data at rest.

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

We will retain your personal data for as long as you have a CLUBZERØ™ account.

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.

You can ask us to delete your personal data (see Your legal rights) however we have a right to reject your deletion request in limited circumstances, for example if you haven’t returned CLUBZERØ™ goods or products, or if you owe any money to us or one of our partners.

In some circumstances we will 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.

Minors

We do not target or knowingly collect any information from children under the age of 13. If you are a parent or guardian and believe we may have collected information about your child, please contact us through the contacts described in this policy.

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.
Please click on the links below to find out more about these rights:

• [Request access to your personal data.]
• [Request correction of your personal data.]
• [Request erasure of your personal data.]
• [Object to processing of your personal data.]
• [Request restriction of processing your personal data.]
• [Request transfer or your personal data.]
• [Right to withdraw consent.]

You also have the right to ask us not to continue to process your personal data for marketing purposes as set out in this policy.

You can exercise any of these rights at any time by contacting us at tech@clubzero.co.

Lawful basis

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third parties

External third parties.
Service providers acting as processors.
Professional advisers acting as processors including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue and Customs, regulators and other authorities acting as processors based in the UK who require reporting of processing activities in certain circumstances.

Your legal rights

You have the right to:

• 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.
  
• 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:

1. if you want us to establish the data's accuracy;
2. where our use of the data is unlawful but you do not want us to erase it;
3. 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
4. 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.
  
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
  

• Identity Data: first name, last name, maiden name, username or similar identifier, title.
• Contact Data: email address.
• Financial Data: payment card details.
• Transaction Data: includes details about payments to and from you and details of in-App purchases and payment tokens.
• Device Data: includes a unique device identifier [(for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device.
• Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses, profile pictures (if you have uploaded it).
• Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, whether this is required for our own billing purposes or otherwise and the resources that you access.
• Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.