Privacy Policy

This privacy notice aims to give you information on how The Witchery by the Castle collects and processes your personal data, including any data you may provide through this website when you sign up to our Mailing List or complete the Contact Us form.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice so that you are fully aware of how and why we are using your data. This privacy notice supplements any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you and is not intended to override them.


Controller

Castlegate Investments (Edinburgh) Limited (referred to as "we", "us" or "our" in this privacy notice) is the controller and responsible for your personal data.  

We operate the Witchery by the Castle and the Tower. We are part of the James Thomson Collection, together with our partly owned subsidiary Prestonfield House Hotel Limited.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Privacy Manager using the details set out below.


Contact Details

If you wish to contact us, our full details are:

Full name of legal entity: Castlegate Investments (Edinburgh) Limited (SC069463)

Data Privacy Manager: Steven Allam

Email address: sta@thewitchery.com

Postal address: The Witchery by the Castle, 352 Castlehill, Royal Mile, Edinburgh, EH1 2NF

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK’s 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.


Changes to the Privacy Notice and Your Duty to Inform us of Changes

We may update this privacy notice from time to time. Please review this privacy notice periodically for changes. This privacy notice was last updated on 19 June 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.


Third Party Links

This website 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, plug-ins and applications and we are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.


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 this website may become inaccessible or not function properly. For more information about the cookies we use, please visit our cookies policy.


THE DATA 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).

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

  • Identity Data includes name, title, date of birth and gender.
  • Contact Data includes address, email address and telephone numbers.
  • Financial Data includes payment card details.
  • Transaction Data includes details about payments from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, 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 this website.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
  • Visual Data includes information derived from images collected from surveillance cameras.

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 notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.


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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


How do we collect your personal data?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact, Financial Data, Transaction Data, Usage Data and Marketing and Communications Data by engaging with us or by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • make a reservation;
  • sign up for our marketing to be sent to you;
  • complete our contact form on our website;
  • enter a competition or promotion; or
  • give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your 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 including:

  • Identity, Contact, Financial and Transaction Data from providers of booking services.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Technical Data from analytics providers.


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:

  • 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 interests (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.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time.

We have set out below, in the following table, a description of all the ways we plan to use your personal data, and which the lawful basis on which we rely on to do so.


How long will we use your personal data?

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.

In some circumstances you can ask us to delete your data: see Request Erasure below for further information.

 

Purpose/Activity Type of Data Lawful Basis for Processing
To process and deliver a product or service that you have ordered from us (including make a reservation for you, online orders or orders at one of our sites, gift card purchases, when we issue a refund ,to manage the payment, fees and charges, to collect and recover money owed to us, any other contractual arrangement that we agree to enter into with you) Identity, Contact, Financial and Transaction Performance of a Contract with you
Necessary for our Legitimate Interests (for running our business)
To manage our relationship with you (including maintaining our records, communicate with you about operational changes to our products and services, gathering your feedback by asking you to leave a review or take a survey and acting in response to any feedback you have given us) Identity, Contact and  Marketing and Communications Performance of a Contract with you and Necessary for our Legitimate Interests (to keep our records updated and to study how customers use our products and services)
To enable you to enter a prize draw, competition or promotion Identity, Contact,  Usage and
Marketing and Communications
Your consent to use and process your personal data
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity, Contact, Usage
Marketing and Communications and Technical
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 business sale)
To use data analytics to improve our website, products and services, marketing, customer relationships and experiences Marketing and Communications, Technical and Usage Necessary for our Legitimate Interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Operation of surveillance cameras inside and outside our premises. Visual Data Necessary for our Legitimate Interests (to keep employees safe and secure by preventing crime, preventing employee misconduct and ensuring compliance with health and safety procedures)
To provide information to legal and regulatory bodies where we are under a legal or regulatory obligation to do so. Identity Data, Contact Data, Financial Data, Transaction Data, Technical Data, Usage Data, Marketing and Communications Data and  Visual Data Necessary to comply with a legal obligation

 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product 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 means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply 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.


When do we share your personal data?

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Entities in the James Thomson Collection acting as joint controllers.
  • Service providers acting as processors who provide administrative and other services.
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities to whom we are required to report in certain circumstances.
  • 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 notice.

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.


How do we use your data for marketing?

We may use your Identity, Contact, Technical, Usage and 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). Where you give us your consent, you will receive marketing communications.  

You can ask us to stop sending you marketing messages at any time by clicking here or by contacting  us at any time.

Please note, if you withdraw your consent to receiving marketing communications, we will keep a note of your details on a separate database (known as a suppression list) to record that you have asked to stop receiving our marketing communications. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of products or services we provide to you or other transactions.


INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA).


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.


YOUR LEGAL RIGHTS

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

  • Request access to your personal data (commonly known as a "subject access request").
  • Request correction of the personal data that we hold about you.
  • Request erasure of your personal data.
  • Object to processing of your personal data where we are relying on a legitimate interest.
  • Request restriction of processing of your personal data.
  • Request the transfer of your personal data to you or to a third party.
  • Withdraw consent at any time where we are relying on consent to process your personal data.

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


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.

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