Privacy Policy

INTRODUCTION

About Us.

Foot Solutions is a global franchise company which has a number of Franchises in Ireland and the UK (“we”/ “us”). As an international organisation in the health and wellness franchise (the “Franchise”), Foot Solutions provides customised quality shoes, arch supports and foot care accessories using the most advanced technology and an expert understanding of biomechanics of feet and gait. (the “Services”).

About this Privacy Policy.

We respect your right to privacy and take seriously our responsibilities in relation to the processing of personal data. We do not collect or process personal data unnecessarily. In accordance with the General Data Protection Regulation (EU) 2016/679 (the “GDPR”), this privacy policy (the “Policy”) describes how the Franchises collect and use personal data.

This Policy sets out important information about your rights in relation to the processing of your personal data, and the basis on which any personal data we collect from you, or that you provide to us, will be processed in connection with your use of this website, www.footsolutions.ie (“our Site” or “the Site”) and/or the Services. We do not knowingly attempt to solicit or receive information from children.

Controller and Processor.

Under this Policy, and unless we have entered into a different agreement with you, we are both what’s known under the GDPR as the “controller” of the personal data you provide to us.

THE INFORMATION WE COLLECT

We will collect and process the following data about you for the following purposes:

Information you give us.

Your Data. This is information about you that you give us by filling in forms in our shop, on our Site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you use our Site, or the Services, or report a problem with our Site.

The information you give us may include:

• Appointment Data: your full name, address, e-mail address, phone number, appointment location.
• Assessment Data: foot measurements, gait analysis findings, istep findings, Amfit scan findings, custom insert recommendations, current orthotics/inserts information, lifestyle needs, current footwear styles, foot palpitation findings and recommendations.
• Identity Data: your full name, address, e-mail address, phone number, age, title, PPS number or equivalent tax number, personal description, date of birth, gender, relationship status, photograph (including a copy of your passport or other identification documents, if needed).
• Financial Data: your financial, including bank account details, billing contact email address, VAT number, salary information, pension contributions and PPS or equivalent tax number.
• Foot Assessment Data: foot measurements, gait analysis findings, istep findings, Amfit scan findings, custom insert recommendations, current orthotics/inserts information, lifestyle needs, current footwear styles, foot palpitation findings and recommendations.
• Medical Data: current medical conditions relating to your feet and legs and any other relevant medical conditions that may affect the analysis of your data.
• Testimonial Data: image, name, location.

Information we collect about you. 

Automatically Collected Information. With regard to each of your visits to our Site we will automatically collect the following information:

• CCTV Data: information that is stored electronically, or in certain paper-based filing systems, which may include video images, static pictures such as printed screenshots.
• Technical Data: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, how often you use the application and other performance data; and
• Usage Data: information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call us.

COOKIES

What are cookies and why we use them. 

The Site may use cookies from time to time. “Cookies” are small text files which are stored by your browser on your computer and are normally used to gather statistical information and to analyse trends of use or access to a website. Cookies cannot be used to run programs or deliver viruses to your computer. We use cookies to collect such information as IP-addresses, type of operating system, browser type, browser language, the history of queries, data concerning shows of advertising messages and user’s clicks on them.

Cookies may be used to save your personal preferences so you do not have to re-enter them each time you access the Site.

For more about our use of cookies and how you can disable them, please see our Cookie Policy.

WHAT WE DO WITH YOUR INFORMATION

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

• 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 interest (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.

We have set out below, in table format, a description of the ways we plan to use your personal data and the legal basis we rely only to do so. We have also identified our legitimate interests where appropriate:

Purpose/Activity	Type of data	Legal basis for processing
To respond to your queries and to provide you with the information you request from us in relation to our Services.	–  Identity Data –  Technical Data –  Usage Data	–  Necessary for our legitimate interests (to respond to new or existing client queries and grow our business) –  Performance of a contact with you –  Necessary to comply with a legal obligation
To arrange an appointment requested by you	–  Identity Data –  Appointment Data	–  Necessary for our legitimate interest (to respond to queries and grow our business) –  Performance of a contract with you
To provide the Services.	–  Identity Data –  Technical Data –  Usage Data –  Medical Data –  Assessment Data –  Appointment Data	–   Necessary for our legitimate interests (to respond to new or existing client queries and grow our business) –   Performance of a contract with you –   Necessary to comply with a legal obligation
To manage payments, fees and charges, to complete transactions, and to collect and recover money owed to us.	–  Identity Data –  Financial Data	–   Performance of a contract with you –   Necessary for our legitimate interests (to recover debts due to us) –   Necessary to comply with a legal obligation
To manage our relationship with you, including notifying you about changes to the Services, or our Privacy Policy.	–  Identity Data –  Technical Data –  Usage Data	–   Performance of a contract –   Necessary to comply with a legal obligation –   Necessary for our legitimate interests (to keep our records updated and to study how clients use our products and services).
To provide you with information about services we offer that are similar to those that you have enquired about.	–  Identity Data –  Technical Data –  Usage Data	–  Necessary for our legitimate interests (to develop our products or Services and grow our business)
Where you have given us your consent to do so, to provide you with information about other services we feel may interest you.	–  Identity Data –  Technical Data –  Usage Data	–  Consent
To ensure that content is presented in the most effective manner for you and for your computer or device.	–  Identity Data –  Technical Data –  Usage Data	–  Necessary for our legitimate interests (to keep our Site and the Services updated and relevant and to develop and grow our business).
To use data analytics to improve or optimise our Site, marketing, client relationships and experiences.	–  Technical Data –  Usage Data	–  Necessary for our legitimate interests (to define types of clients for our products and services, to keep our Site and the Services updated and relevant, to develop and grow our business and inform our marketing strategy).
To measure or understand the effectiveness of advertising we serve to you and others, and, where applicable, to deliver relevant advertising to you.	–  Identify Data –  Technical Data –  Usage Data	–  Necessary for our legitimate interests (to study how clients use our products or Services, to develop them, to grow our business and to inform our marketing strategy).
To market and promote our products and services in the ordinary course of business including on our website, social media and any other media	–  Testimonial Data	–  Necessary for our legitimate interests (to develop and grow our business)
To protect employees and visitors to store	–  CCTV Data	–  Necessary for our legitimate interests (to protect and safeguard our business, employees and visitors) –  Performance of a legal obligation

If personal data is required to be collected and processed by us in order to comply with a statutory or contractual requirement, or if it is a necessary requirement to enter into a contract, we will inform you of this and of the possible consequences should you fail to provide this personal data.

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 at [email protected] or [email protected]. 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 this Policy, where this is required or permitted by law.

How long we keep your information.

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. This means that the period of time for which we store your personal data may depend on the type of data we hold. 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. For example, we may hold personal data as needed for our accounting or tax compliance purposes for a period of 6 years. For more information about our data retention policies please contact us at [email protected] or [email protected].

DISCLOSURE OF YOUR INFORMATION

We do not sell your personal information to third parties for marketing purposes. We may disclose information to third parties if you consent to us doing so as well as in the following circumstances:

You agree that we have the right to share your personal information with the following recipients or categories of recipients:

• [on a need to know basis with] any department or authorised person within our Franchise [or any member Franchise within the Foot Solutions Group], which means any subsidiary or holding company within the meaning of sections 7 and 8 of the Companies Act 2014, some of which are located outside of the European Economic Area (the “EEA”).
• [on a need to know basis with] The Franchises established in Ireland and the UK.
• Selected third parties including:
  • business partners, suppliers and sub-contractors including authorised software service providers, including Retail IT and RICS, for the performance of any contract we enter into with them or you in relation to the Services;
  • government agencies, authorities or departments for the purposes of complying with any travel, transportation or security requirements in relation to the Services;
  • analytics and search engine providers that assist us in the improvement and optimisation of our Site.

We will disclose your personal information to third party recipients:

• in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of our business or assets;
• if all or substantially all of our business or assets are acquired by or transferred to a third party whether in the event of a merger, reorganisation, transfer of undertakings, receivership, liquidation or other winding up or any other similar circumstances, in which case personal data held by us will be one of the transferred assets;
• if we are under a duty to disclose or share your personal data in order to comply with any law, legal obligation or court order, or in order to enforce rights under the GDPR or other agreements;
• to protect our rights, property or safety and of our customers, or others. This includes exchanging information with other companies and organisations for the maintenance and security of the Site and Services.

INTERNATIONAL TRANSFERS

Personal data may be transferred to our trusted partners and service providers who maintain their servers outside of the EEA, where the privacy and data protection laws may not be as protective as those in your jurisdiction. This is only for the purposes of providing, and to the extent necessary to provide, the Services to you. There are special requirements set out under Chapter V of the GDPR (with which we would comply) to regulate such data transfers and ensure that adequate security measures are in place to safeguard and maintain the integrity of your personal data on transfer.

For more information about this and the safeguards in place relating to the transfer, please contact us by email at [email protected] or [email protected].

SECURITY MEASURES

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.

While we can never guarantee that the transmission or processing of personal data is entirely risk free, especially the transmission of personal data over the Internet, we are committed to ensuring personal data is processed in a lawful, fair, transparent and responsible way.

YOUR PERSONAL DATA AND YOUR RIGHTS

Accessing your Personal Data.

You may request access at any time to a copy of the personal data we hold about you. Any such request should be submitted to us in writing and sent to [email protected] or [email protected]. We will need to verify your identity in such circumstances and may request more information or clarifications from you if needed to help us locate and provide you with the personal data requested.

There is usually no charge applied to access your personal data (or to exercise any of the other rights). However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.

Right of Restriction.

You may restrict us from processing your personal data in any of the following circumstances:

• you have contested the accuracy of the personal data we hold on record in relation to you or for a period of time to enable us to verify the accuracy of the personal data;
• the processing of your personal data is unlawful and you request the restriction of use of the personal data instead of its erasure;
• we no longer require your personal data for the purpose of processing but you require this data for the establishment, exercise or defence of legal claims; or
• where you have contested the processing (under Article 21(1) of the GDPR) pending the verification of our legitimate grounds.

Corrections or Erasure (Right to Rectification and Right to Be Forgotten).

If we hold personal data concerning you which are no longer necessary for the purposes for which they were collected or if you withdraw consent for us to process your personal data, you can request the deletion of this personal data. This right, however, will not apply where we are required to process personal data in order to comply with a legal obligation or where the processing of this information is carried out for reasons of public interest in the area of public health. If the personal information we hold about you is inaccurate, you may request to have your personal information updated and corrected. To do so at any time, please contact us by email at [email protected] or [email protected].

Your Right to Object. 

You have the right to object to the processing of your personal data at any time:

• for direct marketing purposes;
• for profiling to the extent it relates to direct marketing;
• where we process your personal data for the purposes of legitimate interests pursued by us, except where we can demonstrate compelling legitimate grounds for this processing which would override your interests, rights and freedoms or in connection with the enforcement or defence of a legal claim.

To exercise your right to object at any time, please email [email protected] or [email protected].

Should this occur, we will no longer process your personal data for these purposes unless doing so is justified by a compelling legitimate ground as described above. For more information about our marketing practices, please see the Marketing Communications section below.

Data Portability. 

Where we process your personal data by automated means (i.e., not on paper) and this processing is based on your consent or required for the performance of a contract between us, you have the right to request from us a copy of your personal data in a structured, commonly used machine-readable format and, where technically feasible, to request that we transmit your personal data in this format to another controller.

Profiling. 

Profiling is an automated form of processing of personal data often used to analyse or predict personal aspects about an individual person. This could relate to a person’s performance at work, economic situation, health, personal preferences, reliability, behaviour, location or movements. An example of this would be where a bank uses an automated credit scoring system to assess and reject a loan application.

In this case, however, we do not engage in profiling or automated processing for profiling purposes.

Personal Rights

The rights described in this section are personal rights and are exercisable only by the individual person (or data subject) concerned.

MARKETING COMMUNICATIONS

General.

We will not use your data to send marketing communications to you about promotions, competitions, updates and new products or services that may be of interest to you, unless we have your permission to do so.

Your right to object.

You have the right to object to the processing of your personal data for our marketing purposes. To object or if you change your mind at any later time, you can withdraw your consent to the processing of your personal data for such marketing purposes by contacting us at [email protected] or [email protected]. You may also opt out of receiving marketing communications at any time by selecting the unsubscribe option when you receive an electronic marketing communication from us. The withdrawal of your consent will not impact upon the lawfulness of processing based on your consent prior to the withdrawal.

THIRD PARTY MATERIAL

We always endeavour to deal with vendors and other third parties who are GDPR compliant or, in the case of the third parties located outside of the EEA, who are certified as compliant with the EU-US Privacy Shield, as applicable, or who have adequate security measures in place to safeguard the security of personal data. That said, we, our employees, agents, holding company and subsidiaries, accept no liability howsoever arising for the content or reliability of any third party materials or websites referenced by hyperlink or other means on the Site or for the data collection and use practices or security measures used by such third parties. If you submit personal data to any of those sites, your personal data is governed by their privacy policy. We encourage you to carefully read their privacy policies.

CCTV

CCTV means fixed and domed cameras designed to capture and record images of individuals and property.

We believe that CCTV and other surveillance systems have a legitimate role to play in helping to maintain a safe and secure environment for all out staff and visitors. However, we recognise that this may raise concerns about the effect on you and your privacy. Images recorded by surveillance systems are personal data which must be processed in accordance with data protection laws.

We currently use CCTV to prevent crime and protect our business from damage, for the personal safety of staff, visitors and other members of the public and to act as a deterrent against crime, to support law enforcement bodies in the prevention, detection and prosecution of crime, to assist in the effective resolution of disputes which arise in the course of disciplinary or grievance proceedings and/or to assist in the defence of any civil litigation, including employment tribunal proceedings. We believe that such use is necessary for the legitimate interest of our business in order to safeguard and protect our business and also in compliance with a legal obligation.

In order to ensure that your rights are protected, we will ensure that data gathered from CCTV cameras is stored in a way that maintains its integrity and security. This may include encrypting the data, where it is possible to do so.

Data recorded by the CCTV system will be stored digitally using a cloud computing system. Data from CCTV cameras will not be retained indefinitely but will be permanently deleted once there is no reason to retain the recorded information. Exactly how long images will be retained for will vary according to the purpose for which they are being recorded. For example, where images are being recorded for crime prevention purposes, data will be kept long enough only for incidents to come to light. In all other cases, recorded images will be kept no longer than 28 days. We will maintain a comprehensive log of when data is deleted.

At the end of their useful life, all images stored in whatever format will be erased permanently and securely. Any physical matter such as tapes or discs will be disposed of as confidential waste. Any still photographs and hard copy prints will be disposed of as confidential waste.

CHANGES TO THIS POLICY

Any changes made to this Policy from time to time will be published at the Site.

Any material or other change to the data processing operations described in this Policy which is relevant to or impacts on you or your personal data, will be notified to you in advance by email. In this way, you will have an opportunity to consider the nature and impact of the change and exercise your rights under the GDPR in relation to that change (e.g., to withdraw consent or to object to the processing) as you see fit.

QUESTIONS OR COMPLAINTS.

Contact Us. If you have any questions or complaints relating to this Policy, please contact us at:

Store Name: Foot Solutions Ireland and UK

Address: Unit 606 Harbour Point Business Park

City: Little Island

County: Cork

Country: Ireland

Email: [email protected] or [email protected]]

Supervisory Authority. We are committed to complying with the terms of the GDPR and to the processing of personal data in a fair, lawful and transparent manner. If, however, you believe that we have not complied with our obligations under the GDPR, you have the right to lodge a complaint with the Data Protection Commission.

Effective Date of this Policy: 25 May 2018