Privacy Policy

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

This version was last updated on 29 May 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.

Our websites are not intended for and nor do we knowingly collect data relating to children aged under 16 years.

Our websites 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 and are not responsible for their privacy statements. When you leave our websites, we encourage you to read the privacy policy of every website you visit.

We are Wavetrak Limited, a company registered in England and Wales with company number is 9775003. Our registered office is Unit 7, Station Yard Industrial Estate, Kingsbridge, Devon TQ7 1ES. Wavetrak Limited is the controller and responsible for your personal data (referred to as "MSW", "Magicseaweed", "we", "us" or "our" in this privacy policy).

MSW provide detailed long range surf forecasts and hurricane tracking using various technologies including live webcam steaming, wind measurements and ocean buoy readings. Our services include a free registration for 7-day forecasts and a monthly subscription to our MSW Pro software providing 16-day forecasts.

We are bound by applicable data protection laws in respect of the handling and collection of your personal data. MSW is registered as a data controller in England and Wales, with the Information Commissioner's Office (ICO) under the ICO number ZA401777.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us.

Our full details are:

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) or data relating to a corporate entity.

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

Identity Data includes first name, last name and title.

Contact Data includes address, billing address, email address, telephone number(s).

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you.

Technical Data includes internet protocol (IP) address, your login data, 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 our websites.

Profile Data includes your purchase history, feedback username and password, account preferences and survey responses.
Usage Data includes information about how you use our website.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

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 policy.

We do not collect any Special Categories of Personal Data (details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, criminal convictions or offences or information about your health, genetic or biometric 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 our software or services). In this case, we may have to cancel the service you have with us but we will notify you if this is the case at the time.

Third parties or publicly available sources

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:

Please click on the below headings for further information on how we use your personal data in certain circumstances.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We only use (and store) non-essential cookies on your computer's browser or hard drive if you provide your consent.

Please see the table below for details of the cookies we use.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting 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 our websites may become inaccessible or not function properly.

Except for essential cookies, all cookies will expire as outlined under the expiration column in the table above.

For the purposes set out in the table above ('How we use your personal data'), we may have to share your personal data with the following parties:

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.

We may operate or use footage from webcams directed at surfspots.

Footage of people may be captured, but this would be incidental to the main focus of the webcams – the waves. The footage does not include personal data as it is not possible to identify individuals from the footage. We seek to ensure that webcams are placed in such a way that they are not directed in such a way that individuals can be identified from the footage.

Data from webcams will not be retained indefinitely but will be permanently deleted once there is no reason to retain the recorded information.

How long will you use my personal data for?

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.

We will generally retain our MSW Pro customers' data for a period of six (6) years after you cease to be a MSW Pro customer, to ensure that we are able to assist you should you have any questions or feedback in relation to our software / services or to protect, or defend our legal rights.

Where we have processed your personal data to register you for a free account on our website, we will retain your personal data (to keep your free account open and available) while your free account remains active. If your free account becomes inactive (i.e. you have not logged in for 12 months) we will retain your data for one (1) year unless your free account becomes active during this period.

Where we have processed your personal data to provide you with marketing communications with consent, we will review this position every twelve (12) months to ensure you are happy to continue receiving such communications. If you unsubscribe or have not opened or engaged with our marketing communications during this time, your personal data will be removed from our marketing lists (and will be added to a "do not contact" list).

Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with our services), subject to the periods discussed above, we will retain your data for twelve (12) months.

In some circumstances you can ask us to delete your data: click here for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

What are your rights?

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

1. Request access

   You may 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 and to check that we are lawfully processing it.

2. Request correction

   You may 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, though we may need to verify the accuracy of the new data you provide to us.

3. Request erasure

   You may 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. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

4. Object to processing

   You may 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 override your rights and freedoms.

5. Request restriction of processing

   You may 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.

6. Request the transfer

   You may 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.

7. Withdraw consent at any time

   You may 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 software or services to you. We will advise you if this is the case at the time you withdraw your consent.

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

You have the right to make a complaint at any time to the 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.