UK ROCKSTAR WEBSITE PRIVACY POLICY - 2018

This Privacy Policy constitutes an integral part of the Terms & Conditions that govern your use of the http://gb.rockstarenergy.com website (“Site”), which is owned and operated by Rockstar, Inc whose headquarters are at 101 Convention Center Dr, Las Vegas, NV 89109-2001. (“Rockstar”). This Privacy Policy also constitutes part of the terms and conditions (such as official rules) that govern your participation in any and all online and offline activities sponsored by, or associated with, Rockstar (each, a “Rockstar Sponsored Event”).

Rockstar respects your online privacy. This Privacy Policy informs you of what information we may collect from or about you on our Site, how we may use such information, and your rights and choices regarding our use of your information. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SITE. By using our Site or participating in a Rockstar Sponsored Event, you acknowledge that you have read this Privacy Policy.

Rockstar is data controller of all personal data submitted to this Site. Where personal data relates to UK products, services and/or promotions, it will be shared with AG Barr Plc, the distributor of Rockstar products in the UK. The registered address of AG Barr Plc is at Westfield House, 4 Mollins Road, Cumbernauld G68 9HD. AG Barr Plc is a data controller of personal data Rockstar shares with it and will comply with the terms of this policy. In this policy, “We” shall refer to either (i) Rockstar; or (ii) Rockstar and AG Barr Plc as appropriate.

 

1. TYPES OF INFORMATION WE COLLECT

(a) Personal Information. This refers to your personally identifiable information, which may include your first and last name, telephone number, cellular number, text number, email address, social media account information for Instagram, Twitter, Facebook, or mailing address (as defined below). Many areas and features on our Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. We collect Personal Information from you: (i) when you register to become a member on our Site; (ii) when you register to participate in a Rockstar Sponsored Event; (iii) when you apply for a job; and (iv) when you submit feedback or queries.

(b) Aggregate and Anonymous Information. This refers to any information that does not identify you individually. For example, we collect aggregate various traffic data regarding our Site. We may also combine “User Activity Information” (as described below) about you and other users of our Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to anonymize your information.

(c) User Activity Information. This refers to information we collect about user activities on our Site. For example, our Site servers automatically collect and log clickstream data for all visitors to our Site, such as IP addresses, page requests, pages visited, content viewed, clicks and search queries made, etc. We also use cookies and web beacons to collect user activity information on our Site.

To the extent we use or store User Activity Information in a manner that could identify a specific user individually, it will be treated as Personal Information. Otherwise, User Activity Information will be treated as Aggregate and Anonymous Information.

We do not receive personal data about you from third parties.

2. OUR USE OF INFORMATION

We use information collected from and/or about our users and customers to improve our products and services, to improve the pages and content of our Site, to administer and maintain operations of our Site, to manage relationships with our users and customers, to offer, market and advertise products and services to our users and customers, and to conduct market research and analysis.

(a) For Marketing and Advertising Purposes. We may use your Personal Information and/or User Activity Information to offer, market and advertise to you, on our Site and/or via email, our and/or third-party products and services that may be of interest to you. You may withdraw your consent to marketing at any time by contacting us using the details below.

(b) For Market Research Purposes. We may use Aggregate and Anonymous Information (including such information derived from Personal Information and User Activity Information) to conduct market research and analysis for ourselves as well as for our sponsors and business partners.

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:

·       Where we need it to perform the contract we are about to enter into or have entered into with you;

·       Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and

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

3. DISCLOSURE TO THIRD PARTIES

(a) Disclosure to Non-Affiliates for Direct Marketing/Advertising Purposes. Where you give your consent for us to do so, we may share your Personal Information with non-affiliated third parties so that they may offer, market and advertise products and services directly to you.

(b) Disclosure to Co-Sponsors. From time to time, we may co-sponsor (online and offline) events and/or product/service offerings with non-affiliated third parties. If you participate in such co-sponsored events or offerings, any Personal Information and User Activity Information we collect from you based on your participation may be shared with our co-sponsors who may use such information for their own purposes.  This information will only be used for marketing purposes where you have consented to receive marketing correspondence.

(c) Disclosure to Service Providers. We may disclose your Personal Information and User Activity Information to our outside vendors and contractors who need to access such information in order to perform their services (including without limitation survey/contest/sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for our Site, and marketing and advertising support) to us (collectively, “Service Providers”). We require that our Service Providers use your information shared by us solely for the purposes of performing their services to us and that they maintain the confidentiality, security and integrity of such information and not further disclose the information to others.

(d) Disclosure Under Other Circumstances. We may disclose your Personal Information and User Activity Information to others if doing so is permitted by law, or in our good faith belief, is reasonably necessary to comply with any legal process, law enforcement, to enforce this Privacy Policy, respond to an emergency, or protect the rights, property or safety of Rockstar, AG Barr and/or the public.

(e) Unrestricted Disclosure of Aggregate and Anonymous Information. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with non-affiliated third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our Service Providers in order for them to perform services for us.

4. INFORMATION DISCLOSURE: YOUR CHOICES

You may opt-out of receiving marketing correspondence at any time by sending a request to us via email at optout.marketing@rockstarenergy.com, or by using the “Unsubscribe” link provided in a marketing email you may have previously received from us. Please note, however, that your opt-out will apply only to marketing and promotional emails from us and will not stop email communications from us relating to your Transaction or Request, such as notice of a material change in this Privacy Policy and/or the Terms and Conditions for our Site, notice of an actual or suspected security breach that affects your Personal Information stored by or for us, etc.

 

5. YOUR RIGHTS

Under applicable data protection legislation, you have the right under certain circumstances to:

·       Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check we are lawfully processing it;

·       Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;

·       Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information 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 Information where you have exercised your right to object to processing (see below);

·       Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party). You also have the right to object where we are processing your Personal Information for direct marketing purposes;

·       Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it;

·       Request the transfer of your Personal Information to another party; and

·       Withdraw your consent to the processing of your Personal Information, where we rely on your consent. 

If you would like to exercise any of your rights above, please contact us using the details below.

6. HOW WE PROTECT YOUR INFORMATION

We understand the importance of protecting the security and integrity of personal information that our customers have shared with us and will endeavor to safeguard your Personal Information. While we will attempt to safeguard your Personal Information, we cannot guarantee the absolute security of such information. You understand and agree that we shall not generally be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism. Please note that any information that you post in any public, community or interactive areas on our Site (e.g. chat rooms, bulletin boards, message boards, and discussion groups) will be accessible to, and may be collected and used by, others and may result in unsolicited or unwanted messages or contact from others.

The information that you submit to our Site will be received in the USA by Rockstar. Where personal data is processed outside the European Economic Area, we will take steps necessary in accordance with applicable data protection legislation to ensure your information is treated securely and in accordance with this privacy policy, in particular ensuring that appropriate technical and organisational safeguards are in place.

We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for. To determine the appropriate retention period, 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.

7. USE OF COOKIES

We may send cookies, which are small pieces of data, to your web browser to facilitate your use of the Site. Cookies help us deliver content specific to your interests and permit our servers to recall information from prior to visits to our Site. We may use information collected from cookies together with Personal Information we have collected from you. We do not use cookies to access information on your computer or device. You can choose whether to accept cookies when first visiting our site, also by adjusting the settings of your browser. If your browser is set to reject cookies, you may still enter our Site, but you may not have full access to all areas within our Site.

8. LINKS TO THIRD-PARTY WEBSITES

Our Site may contain links to third-party websites that are now owned or controlled by or affiliated with Rockstar. Rockstar is not responsible for the privacy practices of such third-party sites. Once you enter such a third-party site, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third party. Such third-party sites’ privacy policies and practices may be substantially different from those of Rockstar. They may send their own cookies to you and may collect data about you and make use of that data in ways that we would not. You access such third-party sites entirely at your own risk. You should always read the privacy policy for a third-party site before disclosing any personal information on such site.

9. PROTECTING CHILDREN UNDER 13

Our Site is not designed or intended for children under the age of 13, and we do not knowingly collect personal information from children under 13 on our Site. Persons under the age of 13 are prohibited from registering on our Site. If we discover that any registration is made by a person under 13, such registration will be immediately and permanently canceled and removed from our Site, with or without notice.

10. CHANGES TO PRIVACY POLICY

We reserve the right to modify this Privacy Policy from time to time in our sole discretion. For example, we may amend this Privacy Policy in order to address new developments in consumer privacy laws, or to conform to changing industry practices. If we make changes to this Privacy Policy, we will announce and post such changes on our Site for the general public. If you are a registered user, we may also notify you of the changes via email. By continuing to use our Site after such notice, you are bound by this Privacy Policy as modified.

11. OUR CONTACT INFORMATION

Should you have questions about this Privacy Policy or our information collection, use and disclosure practices, you may contact us at privacy@rockstarenergy.com or dataprotection@agbarr.co.uk. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of Personal Information about you.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance using the details set out above.