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Contact UsData Protection Policy for Retail Customers
Data Protection Policy
1. Overview
1.1 The Company takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
1.2 This policy applies to current and former customers, as well as prospective customers who have given us their details to establish contact. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. You should read this policy and any other notice we issue to you from time to time in relation to your data.
1.3 The Company has measures in place to protect the security of your data in accordance with our Data Protection and Security Policy. A copy of this can be obtained from the Showroom.
1.4 We will only hold data for as long as necessary for the purposes for which we collected it. This would under normal circumstances be for the duration of our contract with you, as well as the time required to finalise any after-sales service once the contract has ended.
1.5 The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.
1.6 This policy explains how the Company will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.
1.7 This policy does not form part of your contract of services and can be amended by the Company at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.
2. Data Protection Principles
2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
• be processed fairly, lawfully and transparently;
• be collected and processed only for specified, explicit and legitimate purposes;
• be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
• be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
• not be kept for longer than is necessary for the purposes for which it is processed; and
• be processed securely.
We are accountable for these principles and must be able to show that we are compliant.
3. How we define personal data
3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.
3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.
3.3 This personal data would in normal cases be provided to us by you, although is supplied by someone else we would inform you directly. It could be provided or created during and offer or event, during the course of the contract of services, or after its termination.
3.4 We will collect and use the following types of personal data about you:
• your contact details including name, telephone number, email address and home address;
• your gender and marital status (via preferred honorific where given);
• information relating to a sale, including merchant card receipts;
• email correspondence;
• CCTV footage (used only for security); and
• any other category of personal data which we will notify you of beforehand.
4. How we define categories of personal data
4.1. ‘Special categories of personal data’ are types of personal data consisting of information as:
• your racial or ethnic origin;
• your political opinions;
• your religious or philosophical beliefs;
• your trade union membership;
• your genetic or biometric data;
• your health;
• your sex life and sexual orientation; and
• any criminal convictions and offences.
We do not hold any special categories of personal data on our retail customers.
5. How we define processing
5.1 ‘Processing’ means any operation which is performed on personal data such as:
• collection, recording, organisation, structuring or storage;
• adaption or alteration;
• retrieval, consultation or use;
• disclosure by transmission, dissemination or otherwise making available;
• alignment or combination; and
• restriction, destruction or erasure.
This includes processing personal data which forms part of a filing system and any automated processing.
6. How will we process your personal data?
6.1 The Company will process your personal data in accordance with our obligations under the 2018 Act.
6.2 We will use your personal data for:
• performing the contract of services between us;
• complying with any legal obligation; or
• if it is necessary for our legitimate interests (or for the legitimate interests of someone else).
However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.
We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.
If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us.
7. Examples of when we might process your personal data
7.1 We have to process your personal data in various situations during our engagement, most often to communicate with you in regards to orders you have placed with us.
7.2 For example:
• to confirm receipt of an order;
• to address any discrepancies or concerns with an order;
• to arrange and carry out delivery;
• to liaise regarding issues, returns or other customer service requests;
• to inform you of new products, offers and events; and
• for any other reason which we may notify you of from time to time.
7.3 We do not take automated decisions about you using your personal data. Any profiling, for example by address, will be anonymised.
8. Sharing your personal data
8.1 We do not currently share any personal data from retail customers with any 3rd parties. Data is held securely on a UK-based system, and email addresses on a secure UK-based email platform. If we felt the need to share your personal data with group companies or agents to carry out our obligations under our contract with you or for our legitimate interests, we would inform you of this beforehand.
8.2 We use Kameleon Mail as our marketing automation platform, a Barnstaple-based company. Your name, email address and contact preferences are transferred to Kameleon Mail for processing in accordance with their Privacy Policy and Terms, which can be found on their website. Your data will only have been entered in to Kameleon Mail if you have explicitly signed up for our email newsletter or opted back in before 25th May 2018.
8.3 We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.
9. How we deal with data breaches
9.1 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify yourself and the Information Commissioner’s Office within 72 hours.
10. Subject access requests
10.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing.
10.2 If you would like to make a SAR in relation to your own personal data you should make this in writing to our Showroom, either by email, fax, post or in-person. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.
10.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive, we may charge a reasonable administrative fee or refuse to respond to your request.
11. Your data subject rights
11.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.
11.2 You have the right to access your own personal data by way of a subject access request (see above).
11.3 You can correct any inaccuracies in your personal data. To do you should contact the Showroom at bideford@devonshireliving.co.uk .
11.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact the Showroom as above.
11.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact the Showroom as above.
11.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.
11.7 You have the right to object if we process your personal data for the purposes of direct marketing.
11.8 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.
11.9 With some exceptions, you have the right not to be subjected to automated decision-making.
11.10 You have the right to be notified of a data protection breach concerning your personal data.
11.11 In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact the Showroom.
11.12 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.
12. Websites and Cookies
12.1 To view how we obtain and process personal data via our website, please refer to our separate Website & Cookies Policy, which can be obtained by contacting the Showroom at bideford@devonshireliving.co.uk .