Customer Privacy Policy

Blackbough's Commitment to User Data Protection

We greatly value the importance of the privacy and security of personal data from individuals and commits to respect and protect the same in accordance with our obligation under the Philippine Data Privacy Act of 2012 and other applicable issuances of the National Privacy Commission. With a global presence, we continually work to observe compliance worldwide and deploy the best practices in protecting data and championing user privacy.

As we drive the business daily, we strive to ensure that the data we receive is:

• Processed lawfully, fairly and in a transparent manner

• Collected only for specified, explicit and legitimate purposes

• Adequate, relevant and limited to what is necessary

• Accurate and kept up to date

• Held only for the absolute time necessary and no longer

• Processed in a manner that ensures appropriate security of the personal data

Privacy Policy

1. Introduction and Scope

Blackbough Swim (“BLACKBOUGH”, “Company” or “us”, “we”, “our”) is committed to safeguarding the personal information that it handles in connection with the services it provides to its users. It is important for you to understand what personal information we will collect, how we will use it, and who may access it.

This Privacy Policy describes how we use your personal information when you use our website aloha@blackboughswim.com (“Site”) or any apps we provide, when you correspond or otherwise engage with us when we provide products or services to you. It also explains the rights you have in this respect.

1. Data Controller

Our site is operated under the legal jurisdiction of the Republic of the Philippines. The Company is the data controller of any personal data provided via our site.

1. Further Information

For any further information regarding this Privacy Policy, advice or guidance, please email aloha@blackboughswim.com.

1. Personal Information

We collect and process different types of personal information, which we set out in the table below together with the lawful basis for our use of your information and the source of such information:

Information we use	Purpose / activity	Lawful basis / condition	Source of information
Personal identifiers/details: Name, address, contact details, nationality, personal financial records, identification numbers (e.g. social insurance numbers, personal references, etc.), and languages.	Register for our services. Fulfil any requests you make (e.g. submitting a query on our site, subscribing to a communications service, fulfilling requests for information, orders, entering into a competition, promotion, survey, etc.). Allow you to participate in any interactive features of our service, when you choose to do so.	Performance of a contract with you. Necessary for our legitimate interests in identifying our customers. Necessary to comply with a legal obligation.	Our registration, enquiry or contact forms, our direct interactions with you, or our email correspondence with you. Third parties including search information providers.
Marketing data Preferences regarding communications methods and areas of interest relating to: Blackbough and our products or services; Receiving marketing communications from us; and Participation in contests, sweepstakes or other promotions	Promote and market Blackbough products and services (as applicable.	Consent. Necessary for our legitimate interests in developing and growing our businesses.	Our registration, enquiry or contact forms, our direct interaction with you, or our email correspondence with you.
Feedback and opinions	Allow us to answer queries and complaints you may have. Help us evaluate the quality and consistency of our services.	Legitimate business interest (administration and management of our business and the improvement of our services).	Our enquiry or contact forms, and our correspondence with you.
Website and communication usage data Your IP address, details of visits to our site, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, the full Uniform Resource Locators (URL), SNS privacy settings, clickstream to, through and from our site and the date and time of the clickstream, products or services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (scrolling, clicks, and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number (as applicable).	Enable us to: Monitor the performance and relevance of our site and our marketing campaigns; Ensure that content from our site is presented in the most effective manner for you and for your device; Tailor the content of our website for you; and Keep our site, our other IT systems and facilities safe and secure.	Legitimate business interest (administration and management of our business and the improvement of our services).	As you interact with our site, we will automatically collect website and communication usage data about your equipment, browsing actions and patterns. We collect this personal data through the operation of your browser on your device, by using cookies and other similar technologies. Please see our cookie policy. Third party analytics providers.
Email interaction The number of times you open each email we have sent you, whether they have been delivered to you, and which sections you clicked on. Information contained within our correspondence with you.	Fulfil any requests you make (e.g. submitting a query on our site, subscribing to a communications service, fulfilling requests for information, entering into a competition, promotion, survey, etc.). Measure the effectiveness of our email correspondence with you, including marketing campaigns. Plan marketing campaigns. Segment our database.	Contractual necessity. Legitimate business interest (administration and management of our business and the improvement of our services).	Our correspondence with you.
Payment data Bank/payment account number, IBAN, BIC and where applicable, your tax reference, sales tax or VAT number, as well as your purchase/sales history (as applicable)	Perform the agreements we have with you and to manage our relationship in this respect. Monitor our activities (measuring and compiling statistics on sales, purchases, payments, number of customers). Improve the quality of our products and services. Safeguard our economic interests.	Legitimate business interests. Necessary to the performance of the contract.	Our registration forms, order forms or correspondence with you.

You are not under legal obligation to provide us with any of your personal information. However, please note that if you elect not to provide us with your personal information, we may be unable to provide our products or services to you.

Our site uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse our site, and also allows us to improve it. For detailed information on the cookies we use and the purposes for which we use them see our Cookies Policy | Blackbough.

1. Related Websites

We operate several other websites, each of which informs you how personal information is handled through that particular website.

It is important that you read this Privacy Policy together with any other privacy notice so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

Our site 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 site, we encourage you to read the privacy notice of every website you visit.

1. Disclosing, Sharing and Transferring Personal Information

We use third party service providers in connection with providing our services to you. We have contracts in place with all third party service providers we use that strictly govern how they use the personal information we disclose to them.

Where we transfer your personal information to third parties outside of the UK or European Economic Area (“EEA”) we shall do so only where there are adequate provisions to ensure your privacy. Where the jurisdiction is not considered adequate by the relevant authorities, we put in place alternative contractual measures including the standard contractual clauses approved under the relevant laws (such as those approved by the European Commission under Art 46 of the EU’s GDPR or the UK Information Commissioner pursuant to the equivalent provisions of UK GDPR).

The table below indicates categories of organizations to whom we may disclose information about you, the reason we disclose this information, what information is shared with them, and where these organizations are located.

Categories of Organization	Purpose / activity	Lawful basis	Information shared	Location
Marketing agencies, database hosting companies, data cleansing companies	To provide marketing services, customer relationship management, and fulfil our email program	Consent*	Personal identifiers, marketing data, email interaction, website and communication usage data	Any applicable jurisdiction
Email mailing houses	To fulfil our customer relationship management and email program	Consent	Personal identifiers, marketing data, email interaction, website and communication usage data	Any applicable jurisdiction
Analytics and search engine providers	To assist us in the improvement and optimization of the site	Legitimate interest (administration and management of our business)	Personal identifiers, marketing data, email interaction, website and communication usage data	Any applicable jurisdiction
Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others	For the purposes of the third parties commercial interests and/or to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience	Consent	Marketing data	Any applicable jurisdiction
Credit reference agencies	To assess your credit score where this is a condition of us entering into a contract with you.	Legitimate interest	Personal identifiers, payment data	Any applicable jurisdiction
Public authorities, regulators or government bodies and legal, anti-fraud organizations	Administration of justice, regulatory and compliance. Detection and prevention of fraud. To comply with a court order or for the protection of our assets.	Compliance with our legal obligation. Our legitimate interests in ensuring that we maintain good relationships with relevant government entities	All data types listed in Section 4 (Personal Information).	Any applicable jurisdiction
IT Service Providers	To support and maintain the IT software and infrastructure we use	Our legitimate interests in ensuring we have adequate assets to support our business and to protect our proprietary information and information about our customers, suppliers and staff	All data types listed in Section 4 (Personal Information).	Any applicable jurisdiction
Professional advisers	Legal and compliance advice Audits Business sale or reorganization	Compliance with our legal obligations Legitimate interests in ensuring that our business is well advised about financial, legal and compliance issues, due diligence processes, transfers or matters relating to corporate reorganization or other change in corporate control	All data types listed in Section 4 (Personal Information).	Any applicable jurisdiction

*  We will only share your personal information with third parties for marketing purposes if you provide us with your consent to do so [including by email or by ticking a box on a form, or any other method that is used to collect your personal information].

Where we collect, transfer and store your personal information with any direct or indirect subsidiary of the Company (“Group”) located outside the EEA (including in the Republic of the Philippines), we have in place contractual measures to protect your personal information.  Those contractual measures are based on standard contractual clauses approved by the European Commission and UK Information Commissioner under Art 46 of the EU and UK’s GDPR.  Where we share such information around our Group, we do so on the basis of our Group’s legitimate interests in promoting our products and services and undertaking direct marketing, because we think you may have an interest in their products and services, and in order to provide our services to you. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export Personal Information to these jurisdictions. In countries which have not had these approvals (see the full list here http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm), we will establish legal grounds justifying such transfer, such as EU Commission-approved model contractual clauses, or other legal grounds permitted by applicable legal requirements.

We may also disclose your personal information to other third parties from time to time:

• if we are under a duty to disclose or share your personal information to comply with any legal obligation or if we sell or buy any business or assets, in which case we will disclose your personal information to the prospective seller or buyer of such business or assets;
• to enforce or apply our terms of use and other agreements; and
• to protect the rights, property, or safety of our company, our customers, or others including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

The advertisements and recommendations which we show you are chosen by analyzing the personal information you provide to us as described in Section 4 (Personal Information), including information about your past purchases from us, the way in which you use our products and/or services, and previous advertisements which you have clicked on. To choose advertisements which are tailored and most likely to be of interest to you, we compile and analyze information received from all our customers to gain a better understanding of your preferences from customers like you.

We use similar predictive techniques to combat payment fraud, as described below:

Processing of payments on our site
(a) When you submit a payment request on our site, we pass your payment information (including information about your past transactions, the current transaction, credit card details and IP address) to our payment provider (PayPal http://www.paypal.com) which conducts anti-fraud checks on our behalf. PayPal analyses this data using its own algorithm, and you should consult their privacy policy for more details (http://www.paypal.com/en/webapps/mpp/ua/privacy-full). Our online store merely queries whether the payment information provided by you satisfies the criteria set by PayPal’s algorithm and then returns back the results. If your payment information does not satisfy PayPal’s criteria, the payment request is declined.
This process may result in you not being able to complete a purchase on our site. You may want to check your payment information or try again using a different method of payment.

Otherwise, you may request that we provide information about our decision-making methodology and ask us to verify that the automated decision has been made correctly. We may reject the request, as permitted by applicable law, including when providing the information would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime but generally in these circumstances, we will ask PayPal to verify that its algorithm and source data are functioning as anticipated without error or bias.

1. Marketing communications 

You can ask us to only send you marketing communications by various methods (email, telephone, text message or post), about specific subjects or you can ask us not to send you any marketing communications at all. We will ask you to indicate your marketing preferences when you first register an account on our site /or app (as applicable), which you can change by emailing aloha@blackboughswim.com.

1. Data Retention 

We will retain and process information about you for as long as you continue to use or express an interest in our services, log into our site or use our interactive services.

We will hold information about how you interact with our electronic communications for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When personal information is no longer needed, we either irreversibly anonymize the data (and we may further retain and use the anonymized information) or securely destroy the data. We keep anonymized and statistical data indefinitely, but we take care to ensure that such data can no longer identify or be connected to any individual.

1. Your Rights

Data protection law grants you certain rights ('information rights') which we summarize in the table below. Please note that these rights are not absolute, and they may not always apply in your particular circumstances. To exercise your rights, please email us at aloha@blackboughswim.com. Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). If you exercise any of these rights we will check your entitlement and respond in most cases within a month. In exercising your rights, you may be requested to provide the following information: (a) you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected; (b) we request that you be reasonably specific about the information you require; and (c) we may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.

Right of access and data portability. You have the right of access to information we hold about you and/or to have it transferred to another data controller in some circumstances. 

Right of rectification or erasure. If you feel that any data that we hold about you is inaccurate you have the right to ask us to correct or rectify it. You also have a right to ask us to erase information about you where you can demonstrate that the data we hold is no longer needed by us, if you withdraw the consent upon which our processing is based, or if you feel that we are unlawfully processing your data. Your right of rectification and erasure extends to anyone we have disclosed your personal information to, and we will take all reasonable steps to inform those with whom we have shared your data about your request for erasure.

Right to restriction of processing. You have a right to request that we refrain from processing your data where you contest its accuracy, the processing is unlawful and you have opposed its erasure, where we do not need to hold your data anymore but you need us to in order to establish, exercise or defend any legal claims, or we are in dispute about the legality of our processing your personal information.

Right to object. You have a right to object to our processing of your personal information. This includes the right to object to the use of your information for direct marketing and profiling purposes.

Right to withdraw consent. You have the right to withdraw your consent for the processing of your personal information where the processing is based on consent.

Right of complaint. If you are unhappy with the way we have used or are handling your personal information you have the right to lodge a complaint with the supervisory authority for data protection issues in the country where you usually live, work or where the relevant issue arose. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance at the email set out above.

1. Data Security 

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties as detailed in Section 6 (Disclosing, Sharing and Transferring Personal Information). They will only process your personal information on our instructions, and they are subject to a duty of confidentiality.

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

Please remember that you are responsible for keeping your passwords secure. If we have given you (or you have chosen) a password which enables you to access certain parts of our site or app (as applicable), you are responsible for keeping this password confidential. Please do not to share your passwords with anyone.

Unfortunately, sending information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of personal information sent to our site; you send us personal information at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

1. How We Keep This Policy Up to Date

This Privacy Policy was last updated on 19 August 2024. We will review and update this Privacy Policy from time to time and will take reasonable steps to notify you of any substantive updates to it.

End of Policy.