When we talk about “Fexco”, “we”, “our” or “us” in this policy, we are referring to Fexco Tax Free Limited (t/a Horizon Tax Free), the company which provides the Services, and our Affiliates. “Affiliates” in this context means any entity that directly or indirectly controls, is controlled by, or is under common control with us, and “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
We will handle your Personal Data in accordance with Data Protection Legislation. “Data Protection Legislation” means the Data Protection Acts 1988 and 2003 and Directive 95/46/EC, any other applicable law or regulation relating to the processing of personal data and to privacy (including the E-Privacy Directive and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be amended, revised or replaced from time to time, including by operation of the General Data Protection Regulation (EU) 2016/679 (“GDPR”) (and laws implementing or supplementing the GDPR, and laws amending or supplementing the E-Privacy Regulations).
We fully respect your right to privacy in relation to your interactions with the Services and endeavor to be transparent in our dealings with you as to what information we will collect and how we will use your information. Also, we only collect and use individual’s information where we are legally entitled to do so. Information in relation to Personal Data collected by Irish entities is available on www.dataprotection.ie, the website of the Irish Data Protection Commissioner (“DPC”).
We endeavor to keep Customer Data accurate and up-to-date. As such, you must tell us about any changes to such information that you are aware of as soon as possible. You can update your personal information held on our website page at any time and whether or not you wish to receive correspondence from us.
Fexco also collects and receives the following information:
A cookie is a small text file that is placed on your device by a web server which enables a website and/or app to recognise repeat users, facilitate the user’s ongoing access to and use of a website and/or app and allows the website and/or app to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. We collate information only in relation to our website and app which is represented in aggregate format through cookies. They help us to improve our Services, our website and our app and to deliver many of the functions that make your browser experience more user friendly.
The ‘Help Menu’ on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.
Fexco needs Customer Data in order to provide the Services you have engaged us to provide and to protect against fraudulent use of the Retail Export Scheme. If you do not provide the Customer Data, then we will be unable to provide the Services you have requested. We will not collect any Personal Data from you that we do not need in order to provide and oversee the Services we have agreed to provide you with.
We use your information to provide and improve the Services. We will only process your Personal Data where we have a legal basis to do so. In general, our legal basis for processing your Personal Data will be in furtherance of the contract(s) that we have with you and/or where you have provided your consent.
Fexco may access and use Customer Data as reasonably necessary to: (a) provide, maintain and improve the Services; (b) to prevent or address service, security, technical issues or at a Customer’s request in connection with customer support matters; (c) as required by law and (d) as set forth in our agreement with the Customer or as expressly permitted in writing by the Customer in accordance with Customer’s instructions.
We use other kinds of information in providing the Services. Specifically:
Subject to your explicit consent, we sometimes send electronic communications about new product features or other news about Fexco or the Services. You can opt out of these electronic communications at any time by contacting us (see ‘How To Contact Us’) below or by clicking the unsubscribe link in the electronic communication. Opting out of direct marketing will not opt you out of essential communications that we need to send to you in respect of the administration of the Services. If you opt out of our electronic communications to you, we may not be able to fully provide the Service to you.
In addition, we may from time to time share your contact details (email address) with certain specified non-Affiliate partner merchant stores for marketing purposes but we will only do so where we have obtained your prior express opt-in consent to do so.
Fexco keeps Customer Data for six years, after which time it will be destroyed if it is no longer required for the lawful purpose for which it was obtained. If you consent to marketing, any information we use for this purpose will be kept with us until you notify us that you no longer wish to receive this information
As a data subject, you have the following rights under Data Protection Legislation and we, as data controller in respect of Customer Data, will comply with such rights in respect of Customer Data:
These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your Personal Data, please Contact Us. We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access the Services, you are responsible for keeping this password confidential. We ask you not to share a password with any person not authorised to use the Service.
Fexco may share Customer Data in accordance with our agreement with the Customer and the Customer’s instructions, including:
With third party service providers and agents. Merchants with whom Fexco have a tax free shopping agreement to enable Customers to avail of the Services and from whom Customers purchase Retail Export Scheme qualifying goods will act as data processors of the Customer Data on behalf of Fexco.
With the Revenue Commissioners (in compliance with our obligations under the Retail Export Scheme).
With Affiliates. The following Affiliates are engaged by Fexco to process Customer Data to enable Fexco to process and make its Services related refund payments to the Customers:
Fexco may share or disclose Customer Data and other information as follows:
We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to Customer Data to employees, contractors and agents who need to know such Customer Data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place. However, the Services may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of Customer Data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data transmitted, stored or otherwise processed.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect Customer Data, we cannot guarantee the security of any data transmitted us and any such transmission is at your own risk. Once we have received your information, we will use strict and security features to try to prevent unauthorised access. To the extent permitted by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorized disclosure, loss or destruction of Customer Data arising from such risks.
We will notify serious data breaches in respect of Customer Data to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the Personal Data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A Personal Data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your Personal Data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
Our Services are not directed to children under 16. If you learn that a child under 13 has provided us with personal information without consent, please contact us.
Right of access to Personal Data relating to you
You may ask to see what Personal Data we hold about you and be provided with:
Requests for your Personal Data must be made to us (see ‘How To Contact Us’) specifying what Personal Data you need access to, and a copy of such request may be kept by us for our legitimate purposes in managing the Service. To help us find the information easily, please give us as much information as possible about the type of information you would like to see. If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
There are certain types of data which we are not obliged to disclose to you, which include Personal Data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations. We are also entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the Personal Date requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
Right to update your Personal Data or correct any mistakes in your Personal Data
You can require us to correct any mistakes in your Personal Data which we hold free of charge. If you would like to do this, please:
If we are required to update your Personal Data, we will inform recipients to whom that Personal Data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility that all of the Personal Data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How To Contact Us’).
Right to ask us to stop contacting you with direct marketing
We have a legitimate interest to send you electronic communications/direct marketing in connection with the Service and related matters (which may include but shall not be limited to newsletters, announcement of new features etc.). We may also ask you different questions for different services, including competitions. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have ‘unsubscribed’.
Rights in relation to automated decision taking (if applicable)
You may ask us to ensure that, if we are evaluating you, we don’t base any decisions solely on an automated process and have any decision reviewed by a member of staff. Profiling may occur in relation to your Personal Data for the purposes of targeted advertising and de-targeting you from specified advertising. This allows us to tailor our advertising to the appropriate customers and helps to minimise the risk of you receiving unwanted advertising. These rights will not apply in all circumstances, for example where the decision is (i) authorised or required by law, (ii) necessary for the performance of a contract between you and us, or (iii) is based on your explicit consent. In all cases, we will endeavour that steps have been taken to safeguard your interests.
Right to restrict or prevent processing of Personal Data
In accordance with Data Processing Legislation, you may request that we stop processing your Personal Data temporarily if:
If you exercise your right to restrict us from processing your Personal Data, we will continue to process the Personal Data if:
In accordance with Data Protection Legislation, you may ask for an electronic copy of your Personal Data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to Personal Data that you have provided to us – it does not extend to data generated by us. In addition, the right to data portability also only applies where:
In accordance with Data Protection Legislation, you can ask us (please see ‘How To Contact Us’) to erase your Personal Data where:
We may continue to process your Personal Data in certain circumstances in accordance with Data Protection Legislation (i.e. where we have a legal justification to continue to hold such Personal Data). Where you have requested the erasure of your Personal Data, we will inform recipients to whom that Personal Data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.