Privacy Policy

Welcome to Magicseaweed's privacy policy.

Magicseaweed respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website www.magicseaweed.com or the Magicseaweed mobile app (regardless of where you visit them from), when you subscribe to use our software or services or when you otherwise contact us. It will also tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to specific areas and navigate quickly and easily.

References to "you" or "your" are to you as an individual using our websites or otherwise contacting us (either on behalf of yourself, your business or another individual or organisation).

IMPORTANT INFORMATION

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you 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.

This version was last updated on 29 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.

Our websites are not intended for and nor do we knowingly collect data relating to children aged under 16 years.

Our websites may include 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 websites, we encourage you to read the privacy policy of every website you visit.

WHO WE ARE

We are Wavetrak Limited, a company registered in England and Wales with company number is 9775003. Our registered office is Unit 7, Station Yard Industrial Estate, Kingsbridge, Devon TQ7 1ES. Wavetrak Limited is the controller and responsible for your personal data (referred to as "MSW", "Magicseaweed", "we", "us" or "our" in this privacy policy).

MSW provide detailed long range surf forecasts and hurricane tracking using various technologies including live webcam steaming, wind measurements and ocean buoy readings. Our services include a free registration for 7-day forecasts and a monthly subscription to our MSW Pro software providing 16-day forecasts.

We are bound by applicable data protection laws in respect of the handling and collection of your personal data. MSW is registered as a data controller in England and Wales, with the Information Commissioner's Office (ICO) under the ICO number ZA401777.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us.

CONTACT DETAILS

Our full details are:
Full name of legal entity:

Wavetrak Limited

Company Number:

9775003

Email address:

privacy@magicseaweed.com

Telephone number:

+44 (0) 1548 854 660

Postal address:

Wavetrak Limited


Unit 7

Station Yard Industrial Estate

Kingsbridge

Devon

TQ7 1ES

What Data do 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) or data relating to a corporate entity.

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

Identity Data includes first name, last name and title.

Contact Data includes address, billing address, email address, telephone number(s).

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you.

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 websites.

Profile Data includes your purchase history, feedback username and password, account preferences and survey responses.
Usage Data includes information about how you use our website.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties 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 policy.

We do not collect any Special Categories of Personal Data (details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, criminal convictions or offences or information about your health, genetic or biometric data).

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 (for example, to provide you with our software or services). In this case, we may have to cancel the service you have with us but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED?

Direct interactions with you

You may give us your Identity, Contact, Financial and Profile Data by filling in forms on our websites or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • register for an account;
  • subscribe to use our software or services (including free services and MSW Pro);
  • contact us using the details provided on our websites;
  • request marketing to be sent to you;
  • enter a survey; or
  • give us some feedback.

Automated technologies or interactions

As you interact with our website or app, we may automatically collect Technical Data about your location, equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

Third parties or publicly available sources

We may receive personal data about you from various third parties and public sources as set out below:

  • Identity and Contact Data from social media sites, such as Facebook based outside the EU (when you log-in to our site through social media and when you like one of our posts or comments).
  • Technical Data from digital mapping providers such as MaxMind based outside the EU.
  • Technical Data from analytics providers such as Google based outside the EU;
  • Technical Data from search information providers such as Google based outside the EU; and
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Sage Pay based inside the EU and Worldpay based outside the EU.

HOW WE USE YOUR PERSONAL DATA

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:

Legitimate Interest

This means the interest of our business in conducting and managing our business to enable us to give you the best service 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.

Performance of Contract

This means processing your data where it is necessary for the performance of a contract to which you are a party (for example a subscription or website account) or to take steps at your request before entering into such a contract.

Comply with a Legal or Regulatory Obligation

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

Consent

This means agreement which must be freely given, specific, informed and be an unambiguous indication of your wishes by which you, by a statement or by a clear positive action, signify agreement to the processing of personal data relating to you. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

We have set out in the table below, 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.
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 in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To set up your account and register you as a user of our services (a) Identity

(b) Contact

(c) Profile
(a) Performance of a contract with you, where you are an individual or sole trader

(b) Necessary for our legitimate interests (to provide our software / services to our customers (i.e. when you are an individual who works for and on behalf of our customer))
To process and deliver your subscription to use our software / services, including:

(a) Managing the software platform

For MSW Pro customers only:

(b) Managing payments, fees and charges

(c) Collecting and recovering money owed to us
(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Profile
(a) Performance of a contract with you, where you are an individual or sole trader

(b) Necessary for our legitimate interests (to recover debts due to us and provide our software / services to you)
To manage our relationship with you which will include:

(a) Responding to enquires / complaints

(b) Sending information related to our software / services

(c) Notifying you about changes to our terms or privacy policy

(d) Asking you to leave a review or take a survey
(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications
(a) Performance of a contract with you, where you are an individual or sole trader

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to grow our business, provide our services to our customers, keep our records updated and to study how customers use our services)
To enable you to complete a survey (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications
(a) Performance of a contract with you, where you are an individual or sole trader

(b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)
To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity

(b) Contact

(c) Technical
(a) 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)

(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

(g) Usage
Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, software/services, marketing, customer relationships and experiences (a) Technical

(b) Usage
Necessary for our legitimate interests (to define types of customers for our services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you, including:

(a) Sending you newsletters;

(b) Sending / receiving requests for software information
(a) Identity

(b) Contact

(c) Marketing and Communications

(d) Technical

(e) Usage

(f) Profile
(a) Necessary for our legitimate interests (to develop our services and grow our business)

(b) Where you have provided your consent
To protect our business and your account from fraud and other illegal activities (a) Profile

(b) Technical
Necessary for our legitimate interests (to safeguard our customers' accounts and protect our business)

Please click on the below headings for further information on how we use your personal data in certain circumstances.

Prospecting

In a business-to-business context, we may make contact with you to provide or seek information in connection with our software and/or services or your products/services (or those of your employer). The legal basis we rely on for making contact with you and processing your personal data is our shared legitimate interests in doing business together. When we make contact with you can exercise your right to object to such contact from us (for more information about your rights, click here).

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

  • Marketing consent mechanisms.
  • Unsubscribe link displayed on every email newsletter and marketing communication; and
  • Clear Account settings on our websites to enable account holders to change their preferences.
Promotional Offers from Us

If you provide your express, opt-in consent, we may use your Identity, Contact, Technical, Usage and/or 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 may receive marketing communications from us after you have requested information from us or subscribed to use our software / services and, in each case, you have opted-in to receiving that marketing.

You can withdraw your consent at any time.

In some limited circumstances, we may contact you about similar products and/or services where you have purchased software or services from us and you have not opted-out of receiving this information.

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any company outside MSW for marketing purposes.

Opting Out / Unsubscribing

You can ask us or our third parties to stop sending you marketing messages at any time by logging into your 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 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 software / service subscription or other transaction.

Cookies

Our websites use cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our websites and also allows us to improve our websites. To find out more about how we use cookies and for a full list of cookies used, click here.

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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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.

Cookies

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We only use (and store) non-essential cookies on your computer's browser or hard drive if you provide your consent.

Please see the table below for details of the cookies we use.

Cookie Purpose Expiration More Information
MSW_ABSplit Performance Testing 30 Days Logged Out
MSW_region Site Personalisation 30 Days Logged Out
MSW_timezone Site Personalisation 30 Days Logged Out
__gads Targeting/Advertising 2 Years Google DFP
__vero_visit Email Marketing Session getvero.com
__veroc4 Email Marketing Session getvero.com
MSW_unitgroup Site Personalisation 30 Days Logged Out
_ga Performance 2 Years Google Analytics
_gat Performance 60secs Google Analytics
_gid Perfomance 24 Hours Google Analytics
mswrelease_variant Performance Testing 30 Days
publica_session_id Targeting/Advertising 1 Hour getpublica.com
__vero_user Email Marketing 2 Years getvero.com
MSW_session Site Personalisation 30 Days If Logged In
MSW_ALLSWELLS Site Personalisation 30 Days Logged Out
MSW_HOURLYFORECAST Site Personalisation 30 Days Logged Out
GED_PLAYLIST_ACTIVITY Video Player Session JW Player
MSW_photoWaveHeightUUID Site Personalisation 30 Days Logged Out
MSWwaveHeightAnalyser Site Personalisation 30 Days Logged Out
PHPSESSID Site Personalisation Session
DSID Advertising Doubleclick
IDE Advertising 390 Days Doubleclick
MSWhideCookie Site Personalisation 1 Year Logged Out
fr Facebook 90 Days Facebook

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our websites may become inaccessible or not function properly.

Except for essential cookies, all cookies will expire as outlined under the expiration column in the table above.

DISCLOSURES OF YOUR PERSONAL DATA

For the purposes set out in the table above ('How we use your personal data'), we may have to share your personal data with the following parties:

External Third Parties

Such as:

  • Financial processors based in the EU who manage online payments and transactions.
  • Service providers acting as processors based in the UK who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK (or other relevant jurisdictions) who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK (or other relevant jurisdictions) who require reporting of processing activities in certain circumstances.
  • Other third party companies where we have an agreement in place and only where you have agreed that we may share your Identity and Contact Data with them.

Specific Third Parties

Such as:

  • Surfdome Shop Limited: Based in the UK, who operate and maintain our online store services.
  • Vero Email: Based in Australia, who provide us with email marketing services.

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.

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.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. 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.

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.

Webcams

We may operate or use footage from webcams directed at surfspots.

Footage of people may be captured, but this would be incidental to the main focus of the webcams – the waves. The footage does not include personal data as it is not possible to identify individuals from the footage. We seek to ensure that webcams are placed in such a way that they are not directed in such a way that individuals can be identified from the footage.

Data from webcams will not be retained indefinitely but will be permanently deleted once there is no reason to retain the recorded information.

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.

We will generally retain our MSW Pro customers' data for a period of six (6) years after you cease to be a MSW Pro customer, to ensure that we are able to assist you should you have any questions or feedback in relation to our software / services or to protect, or defend our legal rights.

Where we have processed your personal data to register you for a free account on our website, we will retain your personal data (to keep your free account open and available) while your free account remains active. If your free account becomes inactive (i.e. you have not logged in for 12 months) we will retain your data for one (1) year unless your free account becomes active during this period.

Where we have processed your personal data to provide you with marketing communications with consent, we will review this position every twelve (12) months to ensure you are happy to continue receiving such communications. If you unsubscribe or have not opened or engaged with our marketing communications during this time, your personal data will be removed from our marketing lists (and will be added to a "do not contact" list).

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with our services), subject to the periods discussed above, we will retain your data for twelve (12) months.

In some circumstances you can ask us to delete your data: click here for further information.

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.

YOUR LEGAL RIGHTS and complaints

What are your rights?

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:

  1. Request access

    You may 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.

  2. Request correction

    You may 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.

  3. Request erasure

    You may 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.

  4. Object to processing

    You may 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.

  5. Request restriction of processing

    You may 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.

  6. Request the transfer

    You may 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.

  7. Withdraw consent at any time

    You may 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 software or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us directly.

You have the right to make a complaint at any time to the 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.

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.