1 GENERAL TERMS FOR USE OF SITES
1.1 WHO ARE WE?
Musgrave Limited trading as Musgrave Retail Partners Ireland Limited of Ballycurreen, Airport Road, Cork and/or Musgrave SuperValu Centra NI Ltd trading as Musgrave Northern Ireland of Belfast Harbour Estate,1-19 Dargan Drive, Belfast BT3 9JG (“Musgrave”, “we”, “our”, “us”) are committed to protecting and respecting your privacy.
This policy (the “Policy”), details our views and practices regarding your use of the Sites and the Services and the personal data we collect about you including personal data and how we will handle Your Information and other terms relating to your use of the Sites (defined below).
1.2 SCOPE OF THIS POLICY
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by us or our suppliers. The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Sites, including, without limitation, modems, hardware, software, and long distance or local telephone service. Any of the Sites may contain additional terms (for example conduct guidelines) that further govern the use of that Site, including without limitation particular features or offers (for example competitions). If any Terms and Conditions contained in this agreement conflict with any Terms and Conditions contained within a particular Site, then the Terms and Conditions in this agreement shall prevail. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
2.1 DATA CONTROLLER
For the purpose of data protection legislation, the data controller of Your Information where you have provided information to any of the Sites is Musgrave Limited trading as Musgrave Retail Partners Ireland and/or Musgrave Wholesale Partners of Ballycurreen, Airport Road, Cork in the Republic of Ireland and Musgrave SuperValu Centra NI Ltd trading as Musgrave Northern Ireland and/or Musgrave Distribution Ltd trading as Musgrave Marketplace and/or Musgrave Foodservices of Belfast Harbour Estate,1-19 Dargan Drive, Belfast BT3 9JG in Northern Ireland. In addition, where you provided information to a local store owner, the owner of the local SuperValu or Centra store to which you supplied that information is also a data controller of Your Information.
Our data protection officer may be contacted by emailing DPO@Musgrave.ie
2.2 INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information you give us: You may give us Your Information by filling in forms in connection with the Sites or using the Services or by corresponding with us (for example, by email). This includes but is not limited to information you provide when you download or register for the Sites or the Services, subscribe to any of our Services, search for any our apps, Sites or Services as well as sharing data via the Services’ social media functions, entering a competition, promotion or survey and when you report a problem with our Services or Sites. If you contact us, we may keep a record of that correspondence. The information you give us may include but is not limited to:
- Your name, age and address;
- Email address and phone number;
- Device’s phone number, username, password;
- Other registration information;
- Financial and credit card information; and
- Location information.
Information we collect about you and your device: Each time you use the Sites or our Services we may automatically collect the following information:
- Technical information, including but not limited to the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, or time zone settings;
- Details of your use of any of our Services or Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
- By logging in and placing your order, we will store your mobile number for the purposes of confirming your order and maintaining access to our service.
- We may also use GPS technology or other similar positioning technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. You can withdraw your consent at any time by turning off locations services for the app in the settings of your Device.
Information we receive from other sources (Third Party Information): We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Unique application numbers. When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
2.3 OUR USE OF INFORMATION RELATING TO YOU
We use information we collect about you with your consent only. You can withdraw your consent at any time to our use of your information by managing your user preferences which ca can be found at the following link: https://centra.co.uk/register Please also see below “Your Rights” for more information in which you may take control of your information.
We use information relating to you in order to provide you with the Services and to make the Sites available to you and in order develop our relationship with you and/or to develop and personalise the Services so that we understand how you are using the Services and the Sites and to enable us to communicate with you more effectively, through the Sites, by e-mail or text or other electronic address provided by you, by mobile Apps, or by other third party sites including social media channels, our use of this information is for the following purposes:
- process your registration application and any renewals or amendments to terms;
- create and maintain accounts;
- calculate and charge for our services, as appropriate;
- provide customer care services;
- supply any products and services;
- carry out analysis of Your Information, in order develop our relationship with you and/or to develop and personalise the Services;
- keep you informed about new services, developments, special offers, and any discounts or awards which we believe may be of personal interest to you, or which you may be entitled to;
- inform you of our sponsored events;
- inform you of our promotions;
- carry out market research;
- prevent, detect and investigate fraud, or any other criminal activity;
- investigate improper use of the Services;
- carry out activities necessary to the running of our business, including system testing, network monitoring, staff training, quality control and any legal proceedings;
- carry out any activities or disclosures to comply with any regulatory, government or legal obligations or in making the disclosures set out in section 2.4 below; and
- achieve any other lawful purpose, including the sharing with third parties where you have given any consent required by law to such use.
2.4 DISCLOSURE OF YOUR INFORMATION
From time to time, we may share information relating to you with third parties in order to provide the Services. This may include the disclosure of information to any company in the Musgrave group and third parties in the following manner:
- We may share information relating to You with third parties engaged by us to provide or administer the Services and/or the Sites and/or the production of any promotional material which is permitted by law to be sent to You
- In the event that we sell or buy any business or assets, in which case we may disclose this information to the prospective seller or buyer of such business or assets;
- If we or substantially all of our assets are acquired by a third party, in which case information (as well as that of other customers) may be one of the transferred assets;
- If we are under a duty to disclose or share information relating to you in order to comply with any legal or regulatory obligation or request;
- We may use and share information relating to sets or groups of customers, to enhance our understanding of customer behaviour and enable us to improve our service or the Services in general.
- Unless you indicate otherwise, to advise you of promotions and other goods and services offered by us and/or our suppliers or programme partners or other trusted partners which may be of use or interest to you or your household; and
- In order to:
- enforce, apply or investigate potential breaches of this Policy and/or any applicable terms relating to the Services; or
- protect our rights, property or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may associate any category of information with any other category of information and will treat the combined information as personal data (and/or Your Information, as appropriate) in accordance with this Policy for as long as it is combined.
We may also disclose information relating to You to our advertisers in order to provide you with targeted advertisements.
2.5 INTERNATIONAL DATA TRANSFERS
We may transfer and/or store information related to you to a destination outside the European Economic Area (“EEA”) from time to time. In this context, this Information may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Any transfer of information relating to You to a location outside the EEA is made in accordance with data protection law. Specifically, such transfers are only ever made lawfully by way of the European Commission’s Model Contractual Clauses. More information and a copy of the Model Contractual Clauses are available on the European Commission’s website at https://ec.europa.eu/info/law/law-topic/data-protection_en.
2.6 SECURITY OF YOUR DATA
We are committed to keeping information relating to you secure and we and our partners comply with data protection legislation in this respect. The servers on which this information is stored are in a physically secure facility. Where appropriate, we collect information relating to you from our Services when the relevant browser is in ‘HTTPS’ or secure mode only. The padlock symbol should appear when you are in this mode, indicating that you are safely submitting encrypted information only. To take full advantage of all security features you should use an up-to-date browser.
Where we have given you (or where you have chosen) a password that enables you to access the Services, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.
As the nature of the internet is such that any input of data is at your own risk, we cannot guarantee or warrant the security of any information relating to You transmitted to us via the internet. No data transmission over the internet can be guaranteed as 100% secure. However, as set out above, we will take all commercially reasonable steps (including appropriate technical and organisational measures) to protect information about you.
2.7 HOW LONG DO WE RETAIN INFORMATION RELATING TO YOU?
We will keep information relating to you only for as long as required by our Services and in accordance with applicable law. For example, we may have this information for the purpose of providing you with one of our apps. When you de-register from that app, we will delete Your Information to the extent possible with reference to applicable law.
2.8 YOUR RIGHTS UNDER DATA PROTECTION LAW AND HOW TO EXERCISE THEM
Data protection legislation gives you the right to obtain a copy of information that identifies you from us.
Data protection legislation also give you the following rights in certain circumstances:
- to correct any information relating to you which is incorrect;
- to delete such Information;
- to restrict our use of that information;
- to object to our use of information relating to You including when we may automatically process such information (e.g. profiling); and
- to request that information relating to you is transferred to another data controller.
If you wish to exercise any of the above rights, please contact us at DPO@Musgrave.ie specifying the right which you wish to exercise. If you wish to make a compliant about us or the Services in respect of our collection and/or use or Your Information, you can also contact the Office of the Data Protection Commissioner directly.
2.9.1 To unsubscribe from our emails and /or text messages, follow the unsubscribe instructions at the end of every email and text message. To unsubscribe from Centra emails, click the “To Unsubscribe click here” link at the bottom of any email. To unsubscribe from text messaging from Us, text the word REMOVE to 50015 (Do not reply to the text message). Alternatively, you can change your privacy options in your account details by managing your user preferences which can be found at the following link: https://centra.co.uk/register
2.9.2 To resubscribe to our emails and/or text messages simply log into your account at https://centra.co.uk/register and check the boxes for receiving email and text messages. Double check your email address and mobile phone number are correct and update your details by clicking the Update Account button at the bottom of the page. It will take up to 4 days to begin receiving email or text messages from Us again.
3.1 We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any Service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites. We also reserve the right to change the terms of this Policy from time to time. Any changes we may make to this Policy in the future will be posted on www.musgrave.com and where appropriate, notified to you in the context of your use of the Services.
3.2 If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
3.3 Our failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of those or any other rights or remedies.
3.4 Neither Musgrave nor any Musgrave affiliated retailer shall be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident.
3.5 Site Usage: As a condition of your use of the Sites and/or the Services, you will not use the Sites/Services for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the Site in any manner which could damage, disable, overburden or impair any Site/Service or interfere with any other parties use and/or enjoyment of those Sites/Services.
3.6 You may not attempt to gain unauthorised access to the Sites or Services, other accounts, computer systems and networks connected to any Site/Services, through hacking, password mining or any other means.
3.7 Neither Musgrave nor your local Centra will be liable for any costs incurred by you to access the Site such as telephone, computer or other.
3.8 Availability of Services: Neither Musgrave nor any Musgrave retailer can be held liable for any interruption in the availability of the Site or the availability of delivery services or other Services provided by Musgrave or your local Musgrave retailer and any inconvenience or loss this may cause other than as may arise under law or under these terms and conditions. In particular, on-line shopping and e-shop Services are provided on an “as is” and “as available” basis and we cannot guarantee that the service will be fault free.
3.9 Limitation of Warranties: Neither your local Musgrave Retailer nor Musgrave makes any representations or warranties of any kind, whether express or implied, as to the operation of the Sites (including this Site), the information, content, materials or products, included on or in their sites/services. To the full extent of the applicable law, Musgrave and your local Centra store disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither Musgrave nor your local Centra will be liable for any damages of any kind arising from the use of the Sites and/or the Services including (but not limited to) direct, indirect, consequential, incidental and punitive damages. No oral advice or written information given by Musgrave, its affiliates, agents, directors, employees. agents, or the like, shall create a warranty, nor shall you rely on any such information or advice. Nothing in this paragraph applies to Musgrave or its local retailer’s liability in respect of products sold to You.
3.10 Miscellaneous: We are pleased to hear from users and welcome your comments regarding products sold by us and/or the Services and/or the Sites (“Comments”). You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Musgrave or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We. take no responsibility and assumes no liability for any Comments posted by your or any third party.
3.11 All materials incorporated in or accessible through the Sites, including, without limitation, text, prices, product details, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Sites), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Musgrave Retail or its permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Sites in the ordinary course or as a resource for purchasing the products and/or services offered through the Sites. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. All trade marks on this Sites may not be used without our prior written permission. Any person wishing to link to any of the Sites should contact us, to apply for consent to make such a link. Making use of other facilities that may be provided on the website, use of any automated system or software to extract data from this website for commercial purposes (“screen scraping”) is prohibited, except in cases where third parties have entered into a written Licence Agreement directly with Musgrave which permits that third party to access Musgrave’s price, product details and other information for the sole purpose of price comparison.
Musgrave, Musgrave Marketplace, SuperValu, Centra and Daybreak are Registered Trade Marks of Musgrave.
3.12 The terms of this Policy and this Agreement shall be governed by the laws of Ireland without regard to choice of law principles and the courts of Ireland shall have jurisdiction to hear any dispute in relation to it. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Musgrave’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
Questions, comments and requests regarding this Policy are welcomed and should be addressed to DPO@Musgrave.ie