Privacy Policy

September 2022

1. Introduction

1.1 This Privacy Policy (together with our Terms of Website Use (www.zoepolucktrains.com/terms-and-conditions) and any other documents referred to in it) describes the type of information that we collect from you ("you/your") through the use of our services ("Services"), or the use of our website www.zoepolucktrains.com ("Website"), how that information may be used or disclosed by us and the safeguards we use to protect it.

1.2 Our Website and Services may contain links to third party websites that are not covered by this Privacy Policy. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

1.3 We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our Website or the Services, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the Website or the Services is deemed to be acceptance of such changes, so please check periodically for updates. If you do not accept and agree with this Privacy Policy, you must stop using our Website immediately.

1.4 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. 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.

1.5 If you have any comments on this Privacy Policy, please email them to tonezone_zpt@hotmail.com.

2. Who We Are

2.1 Here are the details that Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller'. Our Website address is www.zoepolucktrains.com. The Website is operated by Zoe Poluck, a sole trader with its office address at Pinnacle Fitness and Health, 3 Totteridge Ln, London N20 0EX, United Kingdom. Our nominated representative is Zoe Poluck and she can be contacted at tonezone_zpt@hotmail.com.  

2.2 We respect your right to privacy and will only process personal information you in accordance with the Data Protection Legislation which for the purposes of this Privacy Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 and other applicable privacy laws.

3. What we may collect

3.1 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).

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

- Identity Data: first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.

- Contact Data: billing address, invoicing address, email address and telephone numbers.

- Financial and Transaction Data: bank account, payment card details, details about payments and other details of our Services you have purchased from us.

- Technical Data: 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: your username and password, reservations made by you, your interests, preferences, feedback and survey responses.

- Usage Data: information about how you use our Website and Services.

- Marketing and Communications Data: your preferences in receiving marketing from us and our third parties and your communication preferences.

- Interaction Data: any information that you might provide to any discussion forums on the Website.

- Cookies Data: like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Cookies" section below for information about cookies and how we use them and what kind.

- Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.

- Analytics includes third-party analytics services (such as Squarespace) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

3.3 Where we collect Special Categories of Personal Data about you (this includes details about your health) and it is necessary to do so for our business, we will obtain your specific consent, unless we have another lawful basis to do so.

3.4 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

a) You have given consent to the processing of your personal data for one or more specific purposes;

b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;

c) processing is necessary for compliance with a legal obligation to which we are subject;

d) Details of your visits to our Website and the resources you use

e) Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers

f) processing is necessary to protect the vital interests of you or of another natural person;

g) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or

h) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

3.5 If we receive personal information in the course of providing our Services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.

4. How we may collect and use your data

4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you view Website content, use any of our Services, create an account on our Website, subscribe to our Services or publications, request marketing to be sent to you or give us feedback.

4.2 In addition to the above, we may use the information in the following ways:

a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested;

b) To administer a Website feature and/or present Website content effectively to you;

c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. If you have opted-in to receive e-mail newsletters and would no longer like to receive promotional e-mail from us, please contact us at tonezone_zpt@hotmail.com and we will remove your details from our circulation list;

d) Provide information, and services that you request, or (with your consent) which we think may interest you;

e) Carry out our contracts with you and provide the relevant Services to you; and

f) Tell you our charges.

4.3 If you don't want us to use your personal data for any of the other reasons set out in this section in 4, you can let us know at any time by contacting us at tonezone_zpt@hotmail.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.

4.4 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don't provide your personal data in these cases.

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

a) Where we need to perform the contract we are about to enter into or have entered into with you.

b) 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.

c) Where we need to comply with a legal or regulatory obligation.

4.6 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. If you have consented to marketing and change your mind, you have the right to withdraw consent to marketing at any time by contacting us at tonezone_zpt@hotmail.com, and we will either delete your data from our systems or move your data to our "unsubscribe list". However, you acknowledge this will limit our ability to provide the best possible services to you. We will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

5. Cookies

5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law. 

5.2 Cookies are small text files placed on your device when you visit our Website and are used to make the users experience more efficient. We are able to store cookies on your computer where they are necessary for the operation of the site however, for non-essential cookies we need your permission.

5.3 We do not track individual users or use cookies to identify individuals. We use cookies to recognise you and your preferences, improve our Website's performance and collect analytical information for ourselves and our business partners. Without the knowledge gained we would not be able to provide the service we do.

5.4 'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards. 'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our Website. Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.

5.5 Third Party Cookies (Squarespace cookies) listed here:

https://support.squarespace.com/hc/en-us/articles/360001264507-About-the-cookies-Squarespace-uses

5.6 There are no other cookies set by us.

5.7 All our cookies are categorised by the role they fulfil on our Website:

a. Strictly Necessary: these are essential to enable you to move around our Website and use features such as secure services. Without these cookies such Services could not be provided;

b. Functionality: these allow the Website to remember your choices and to personal certain features. These cookies may be anonymised and cannot track your browsing activity on other websites; and

c. Performance: these collect information as to how users use the Website. These cookies don't collect information that identifies a visitor. The information collected is aggregated and used to improve our Website.

d. None of the cookies employed are classified as Behavioural Targeting.

5.8 We will need your consent to use non-essential analytics cookies. If you have consented to non-essential analytics cookies and later wish to disable our cookies, you may do so through the settings on your browser. However, if you choose to disable or delete our cookies that will prevent certain important areas and features of our service from functioning properly. 

6. Where we store your data and security

6.1 We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Services and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so.

6.2 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. For further details, see the European Commission: EU-US Privacy Shield.

6.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

6.4 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.

6.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

6.6 Any payments made by you, will be encrypted.

6.7 We have security measures such as a firewall to protect any data and maintain a high level of security.

6.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

6.9 If we give you a password upon registration on our Website, you must keep it confidential. Please don't share it.

6.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of six years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

7. Disclosing your information

7.1 We are allowed to disclose your information in the following cases:

7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.

7.1.2 We can disclose it to other businesses in our group.

7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.

7.1.4 We can exchange information with others to protect against fraud or credit risks.

7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. 

7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.

8. Your rights

8.1 Under the GDPR, you have the right to:

- request access to, deletion of or correction of, your personal data held by us at no cost to you;

- request that your personal data be transferred to another person (data portability);

- be informed of what data processing is taking place;

- restrict processing;

- to object to processing of your personal data; and

- complain to a supervisory authority.

8.2 You have the right to ask us not to process your personal data for marketing purposes. We will always inform you and ask for your consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

8.3 To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us tonezone_zpt@hotmail.com.

8.4 This Privacy Policy and any dispute that may arise out of or in relation to it shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.