INTRODUCTION and IDENTIFYING the CONTROLLER of your personal data
Star Pubs & Bars Limited and Heineken UK Limited (collectively referred to as "we", "us", or "our" in this privacy notice) are part of the Heineken group. When we mention "we", "us" or "our" in this privacy notice, we are referring to the relevant company which is responsible for processing your personal data. Unless we inform you otherwise, the controller will be Star Pubs & Bars Limited. However, where processing of personal data is undertaken by Heineken UK Limited for their own independent purposes (for example in connection with a marketing campaign), that entity will be a separate controller of your personal data. The contact details for each controller are as follows:
Our Contact Details:
If you have any questions about this privacy notice or our processing activities, we can be contacted as follows:
- Mail: 3 – 4 Broadway Park South Gyle Broadway Edinburgh EH12 9JZ, marked for the attention of the Privacy Officer; or
- Email: firstname.lastname@example.org.
HOW and WHAT data do we collect about you?
We respect your privacy and are committed to protecting your personal data. This privacy notice describes how we look after your personal data collected when you: (a) use our StarOrder mobile app (“App”), (b) sign up to our marketing list to receive newsletters, promotions and offers (“Mailing List”), (c) use social media profiles where you have agreed for data to be shared with us (“Social Media Platforms”) or (d) generally engage with us including by contacting us with an enquiry or complaint or taking part in a competition (“Engagement”).
Personal data, or personal information, means any information about an individual from which that person can be identified. We collect this information directly from you when you sign up to our Mailing List, or during any Engagement, as well as automatically through your use of our App and from the third party providers of the Social Media Platforms or from third party marketing platforms. Depending on the nature of our engagement, we collect different categories of information about you from time to time which we have grouped together as follows:
- Identity and Contact Data – name, email address, phone number, password and date of birth and personal characteristics including age and gender.
- Profile Data - preferences, feedback, survey responses, ratings & reviews, likes of and interests including activities noted on Social Media Platforms (for example, Facebook likes/groups).
- Technical and Usage Data - information about how you use our products, services, App, order and purchase history, rating & reviews, offers and rewards. The App also captures a native identifier from any device you use, which is only used for fraud prevention.
- Marketing and Communications Data - preferences in receiving communication and marketing from us and information in terms of engagement with email communications.
- Location Data – when enabled in the App: GPS-based location information from your use of pub search tool via our App and from your use of the App generally via your smartphone(s), tablet(s) or other devices.
- Inferred Data – which is inferred or derived from the data we collect, for example inferences about your interests based on your Identity Data, Profile Data, Marketing and Communications Data, Technical and Usage Data and/or Location Data.
We do not process any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health or genetic and biometric data). Nor do we process any information about criminal convictions and offences.
When you use the App to order from your phone to your table, you will have the option to add any notes (“Order Details”) relating to your order for the Outlet staff to view, which may include any allergens you may have. Information about food allergies is “health data” which is considered to be a special category of data. By submitting the note, you consent to us processing this information on the App. If you do not consent to this, you should not complete the note and speak directly to a member of Outlet staff. Please note that any Order Details you input into the notes section will not be stored in the App after the order is processed.
We do not knowingly collect personal data relating to children and have age verification processes on our App. Further, we do not market our products or services to anyone under the age of 18.
WHY do we collect your personal data?
We collect the above categories of personal data about you for the following purposes:
- To communicate with you – this includes where we manage our relationship with you; where we respond to complaints or enquiries; where we invite you to events, or where we make suggestions to you about various products and services that you could benefit from or invite you to complete promotional feedback surveys;
- To maintain and optimise our App – this includes where we need to solve performance issues, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, to improve the availability of the App and to secure the App against fraud;
- To perform a contract we have in place with you, including creating an account on our App, or ensuring that you can place an order for food and/or drink at any of our participating bars and pubs (“Outlets”);
- To enable you to locate the nearest Outlet using the App’s pub search tool;
- To notify you about activations, competitions, events, activities and special offers happening at Outlets near your location, to enable you to choose your ‘favourite’ Outlet and to receive information and tailored offers from your ‘favourite’ Outlet;
- To enable you to reserve a table at an Outlet through the App booking tool (availability of this booking functionality depends on whether the Outlet provides this option);
- To share any information you provide to us relating to any order that you place through the App (using the notes feature) with the Outlet so that they can fulfil your order in accordance with your requirements;
- To enable you to complete surveys about how we can improve the services we offer you, or to ask you for information on how we can improve our App or our Engagements with you, or to ask you to leave ratings & reviews about the App or your experiences with the Outlets;
- To enable you to partake in a promotion including: prize with purchase promotions (including giveaways, instant wins and online, mobile, social media and app entries); loyalty and reward schemes; activity challenges; sweepstakes, scratch-cards and raffle style promotions (including instant wins and online, mobile, social media and app entries); sampling and point of sales promotions and geo-targeted activities (including gamification);
- For data analytical purposes in order to improve our products/services, marketing, customer relationships and experiences;
To improve our marketing strategies so that we can send you relevant offers and content; by creating individual profiles and profiled audience segments so that we can tailor our content to you, in particular when we use data management platforms, and when we use your Location Data to send targeted content based on your location. We also use tracking technologies to understand how you respond to our emails (for example, whether you open the email, click-through links and/or unsubscribe), so we can identify what subjects are of most interest to our users and assess the success of our marketing campaigns and communications;
- To improve our marketing strategies by ‘matching’ data we have collected, such as your e-mail address, with your profile on a Social Media Platform so that we can show you marketing content which may be of interest to you (for example, by using Facebook Custom Audiences);
- To send you in-App marketing messages and push notifications where you have consented to this; and
- To satisfy our legal obligations and to defend and exercise our legal rights.
We will only use your personal data for the purposes above, unless we reasonably consider that we have another appropriate reason and that reason is compatible with the original purpose. 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.
Further information on the circumstances in which we collect your data is available in Annex 1 of this privacy notice.
What is our LEGAL BASIS for collecting your Data?
Under data protection laws, we must have a legal basis under which we process your personal data. When we collect and use your information, we do so under one of the following:
- We have a legitimate interest as a business;
- To perform a contract we have with you;
- To comply with a legal obligation; or
- If you have given us your consent.
Legitimate interest as a business means conducting and managing our business, growing our reputation, driving sales and increasing customer engagement to enable us to give you the best service and to promote and grow our business. 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 will not use your personal data for activities unless we have a compelling interest which is not overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Compliance with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to, such as anti-money laundering legislation.
With your consent, this can only be relied on by us as a legal basis for processing where your consent has been freely given, is unambiguous and clear (i.e. you have actively opted into a service we provide by ticking a box). If you provide us with your consent to process your data at any point on our App or on a Social Media Platform, you can withdraw it at any time, and we will stop all processing activities that were based on consent as a legal basis for processing. Please note we may still process the data if we have another lawful basis for processing (in most instances, this will be for a more limited purpose e.g. back-up storage or to record a withdrawal).
Further information on the relevant purposes and linked legal basis are set out in Annex 1 of this privacy notice.
Where we need to collect personal data due to a legal or regulatory obligation, or in relation to the performance of a contract, and you do not 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 goods or services). We will notify you of this at the time.
WHO do we share your personal data with?
We may have to share your personal data with the parties set out below where relevant or required in connection with the purposes set out in the table in Annex 1:
- Technology and system administration service providers based within the EEA and UK, including Heineken Group companies due to shared IT systems;
- Professional advisors such as solicitors and accountants;
- First and third party advertising companies and media agencies for marketing and research purposes;
- Marketing agencies based within and outside the EEA and UK who provide promotion services;
- Prize fulfilment agencies based within the EEA and UK;
- Data storage provider(s) based within the EEA and UK;
- App platform provider, Zonal, who developed and supports the App;
- Data management platform provider, Relay42, who provides marketing strategy services;
- Data on-boarding service providers based within the EEA and UK who provide marketing strategy services;
- Third party providers of Social Media Platforms (including Facebook and Google);
- Payment service provider, Braintree (a PayPal service), who acting as a separate data controller, will process payments made by you via the App. Read more about how Braintree uses your personal data here;
- Regulators and competent authorities (including HMRC and the ICO);
- Courts, parties to litigation and their professional advisers where we reasonably deem it necessary in connection with the establishment, exercise or defence of legal claims; and
- A purchaser or parties interested in purchasing any part of our business.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. Where the third parties act as processors on our behalf, we only permit them to process your personal data for specified purposes and in line with our instructions.
Our in- and external third parties may be based outside the UK or the EEA. Whenever we transfer your personal data out of the UK or the EEA, we ensure that the same level of protection is afforded to it by ensuring at least one of the following safeguards are put in place:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission (or, where relevant, the UK Government/ICO). For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries; and/or
- Where we use certain service providers, we may use specific contracts approved by the European Commission (or, where relevant, the UK Government/ICO) which give personal data the same protection it has in the UK/EEA. For further details, see European Commission: Model contracts for the transfer of personal data to third countries or further information here on the ICO’s website.
How SECURE is my data?
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 are subject to a duty of confidentiality. Unfortunately, no transmission of information over the internet can be completely secure, and you should also note that the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect account information and passwords, so please take care to protect this information.
Our App include links to third-party apps, 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 apps, plug-ins or applications and are not responsible for their privacy statements. We encourage you to read the privacy notice of every app you visit and third party service/application that you use.
How LONG will my personal data be used for?
We will only retain your personal data to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Further retention details for specific aspects of your personal data are noted in Annex 1.
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.
What MARKETING and PROFILING activities do we carry out?
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We will only send direct electronic marketing (e.g. via emails or SMS or direct social media messages), where:
- we have your express consent;
- you have requested/solicited certain information;
- you have purchased goods or services from us or entered a competition/promotion and you did not opt-out from receiving any marketing about similar goods, services, competitions/promotions (as applicable) where this opportunity was provided to you.
You may receive general marketing communications from us if marketing is confined to online advertisements or marketing that is not direct to you or using direct electronic means. You can ask us, or third parties acting on our behalf, to stop sending you marketing messages at any time by contacting us at email@example.com, via your preferences in the App and/or via the unsubscribe button in our emails or replying STOP to any SMS. Where you opt out of receiving these marketing messages, we will no longer conduct any marketing unless you opt-in again at a later point. Please note that where we have another lawful basis for processing, we will continue to process personal data for other purposes – for example, we may process information provided to us in connection with an Engagement on the basis of contract necessity.
Where you have given us your consent, we may use your Identity Data (such as your age or gender), Contact Data (your e-mail address and telephone number), Profile Data (your preferences and interests), Technical and Usage Data, Marketing and Communications Data and Location Data, together with Inferred Data, to form a view on what we think you may want or what may be of interest to you and to understand your purchasing trends. We may also use data which has been collected from third parties to enrich the data we hold relating you in order to build a fuller picture of what may be of interest to you. This profiling activity informs how we decide which products, services and offers may be relevant to you, and to send you tailored communications regarding these. In more detail:
In order to create a profile for you, we (or our trusted service providers) may use the information which you give us and which we collect from external resources, such as Facebook and Relay42, including information that is publicly available about you. We may also combine your information with data already held internally by Heineken. We also use third parties for behavioural analysis, to help us segment our consumer database (i.e. to put you into categories with other supporters with similar characteristics). We also use, and may engage independent companies to use, software tools and predictive analytics to help us analyse who is most likely to buy our products/services and to more accurately target our engagement with you.
When you receive an email from us, we may receive certain information about how you interact with that email. The information we collect includes the number of times you have opened the email; if you have clicked links in the email; whether you have unsubscribed or marked the email as spam; whether the email has bounced; whether you have shared the information on social media, or forwarded it to friends. This ensures you do not receive irrelevant or unwanted emails, as well as allowing us to use our resources efficiently.
Please note that other than the profiling activities described here, we do not carry out any automated decision making processes which could have a legal or significant impact on you.
What are my RIGHTS?
Under certain circumstances, you have various rights in relation to your personal data under data protection laws. If you wish to exercise any of these rights, please contact us using the details at the start of this notice.
You will not have to pay a fee to access your data or exercise any of your other rights, but please note that 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. In order to respond to any request in relation to your data access rights, we may need to request specific information from you to help us confirm your identity. We may also contact you to ask you for further information in relation to your request to speed up our response. 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.
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.
You have the right to:
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 overrides your rights and freedoms.
You also have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you;
- 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;
- 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, or where you have successfully exercised your right to object to processing (see box above);
- 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;
- 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; and
- 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 services to you. We will advise you if this is the case at the time you withdraw your consent.
You also 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 using the details at the start of this notice.
This version was last updated in June 2021.