- the types of personal information which we collect and how we collect it;
- the purposes for which we collect it;
- how we use and share your personal information;
- for how long we will hold personal information; and
- how we protect your privacy.
This policy (together with our terms and conditions and any other documents referred to) sets out the basis on which any personal information we collect from you, or that you provide to us including through your use of our site, will be processed and used by us.
WHO WE ARE?
This site is operated by Atterley.com Retail Limited. We are a limited company registered in Scotland under company number SC513447 and have our registered office at 2A Coates Crescent, Edinburgh EH3 7AL. Our VAT number is 238686561. We are the data controller for the purposes of the Data Protection Act 2018. References to 'we', 'us' and 'our' are to Atterley.com Retail Limited.
WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE COLLECT IT?
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). You do not have to give us any personal information to make use of most of the site. However, to do any of the following things, you will need to provide us with personal information:
- fill in registration forms to register for an account
- search for and place an order for products
- make use of our site and services, for example, enter a competition or promotion
- sign up to receive emails and marketing , for example, bulletins, newsletters, updates with information about us, new features, offers, services and products and/or promotional information (for more information see "What are your rights?" below)
- participate in social media functions which may be available on our site
- contact us by phone, email, social media or otherwise
When you use the site, we or our third party providers may collect, process, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Information you give us. You may give us information in the ways we have described above and the information you give us may include:
- Identity Data: your first name, last name, date of birth, gender;
- Contact Data: your delivery address, billing address, location, email address, phone number and the contact data of third parties that you give us when you place an order on behalf of those third parties (which you acknowledge you are authorised to give us);
- Transaction Data: product selections (including sizes), purchase information, shopping preferences, details about payments to and from you, and financial and credit card or other payment information (although we do not hold them, our payment processors do);
- Marketing and Communications Data: your preferences in receiving marketing from us.
- Technical Data: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- Usage Data: information about how you use our website, products and services, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; transactions you carried out and purchases you made; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- Information we receive from other sources. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers (such as Google), search information providers, credit reference agencies), and may receive information about you from them.
FOR WHAT PURPOSES DO WE USE PERSONAL INFORMATION?
We use information that we collect in the following ways, relying on the lawful basis for processing identified below:
|When you register for an account, we collect your name, email address and other additional details you choose to add to your account.
Performance of a contract
When you place an order for products or services on our site, some of the personal details that you submit when placing an order (your order details (such as the products you buy and the size and price), name, address, email address and mobile phone number) must by necessity to fulfil your order be forwarded to the relevant partner boutique or brand as well as to our delivery partner (the order pick up details, your name and delivery address) in order to fulfil and keep you informed about your order (including by email and SMS notification updates).
Performance of a contract
To collect payment from you and to process new and repeat orders and to process returns. When you return a product, some of your personal details must by necessity be shared with our delivery partners to collect your products for return and track their progress.
Performance of a contract
To verify your identity and details of your payment method or credit card account.
Necessary for our legitimate interests (for running our business and to prevent fraud)
To serve website content and advertisements relevant to you and measure or understand the effectiveness of the advertising we serve to you.
|Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
To provide you with information about other products that are similar to those that you have already purchased or enquired about and we feel may interest you.
Necessary for our legitimate interests (to develop our services and grow our business)
Necessary to comply with a legal obligation and necessary for our legitimate interests (to keep our records updated and retain you as a customer)
To ensure that content from our site is presented in the most effective manner for you and for your computer, such as personalising your visits to the site
|Necessary for our legitimate interests (to keep our website updated and improve your experience)
To administer and improve our site, including to keep our site safe and secure, and for internal operations, including troubleshooting, data analysis, such as your shopping habits, product and style preferences, research, statistical and survey purposes.
|Necessary for our legitimate interests (for running our business, provision of admin and IT services, network security, a business reorganisation or group restructuring)
|To ensure that you are complying with our terms and to comply with our statutory and regulatory obligations.
Necessary to comply with a legal obligation
Where we need to collect personal data by law, or under the terms of a contract, and you fail to provide that data when requested, we may not be able to fulfil your order. In this case, we may have to cancel an order but we will notify you if this is the case at the time.
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your personal information with third parties as follows:
- our carefully selected partner boutiques and brands from whom you purchase products (acting as processors) in order to: (i) fulfil your order and arrange for your product(s) to be sent to you and (ii) report to our partner boutiques and brands on a monthly basis on the orders placed during each month and customer name and country so that we can complete our invoicing procedures;
- service providers, contractors, consultants and agents we engage to help us in certain areas, (acting as processors or independent controllers), including payment processors we use (Adyen, PayPal and Amazon Pay), courier companies that we use globally to deliver the products (and as such, need your order information), contractors that provide business consultancy and sales support services, database management services, email marketing service providers (Mailchimp), IT developers, identity verification service providers, such as credit reference agencies, analytics (such as size guide software providers who use anonymised data to develop their algorithms), and search engine providers that assist us in the improvement and optimisation of our site. We permit these companies to use your personal information only to the extent necessary to provide us with their services and products;
- advertisers and advertising networks (acting as independent controllers) that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 women aged under 35 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in EH1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience;
- if we sell, transfer or merge parts of our business or assets or explore such opportunities and directions for growth of our business, e.g. if Atterley.com Retail Limited or substantially all of its assets are acquired by a third party, or if we seek to acquire other businesses or merge with them, we may disclose your personal data to the prospective seller or buyer of such business or assets (acting as independent controllers) to enable the assessment and undertaking of the transaction and if your personal data may be one of the assets that are transferred and the new owners may use your personal data in the same way as set out in this policy; and/li>
- professional advisers including lawyers, bankers, accountancy service providers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services, and HM Revenue & Customs, regulators and other authorities (including customs authorities in other countries) (acting as independent controllers) who require reporting of processing activities in certain circumstances including if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and other agreements, or to protect the rights, property, or safety of Atterley.com Retail Limited, our customers or others. This includes exchanging information with other companies and organisations for the purposes of customs clearance, fraud protection and credit risk reduction.
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. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
FOR HOW LONG DO WE HOLD PERSONAL INFORMATION?
We will not hold on to any personal information for any longer than is reasonably necessary for the purposes noted above. We will also retain your personal data as necessary to comply with our legal, regulatory, tax, accounting or reporting obligations, resolve disputes, and enforce our agreements, for example, we will retain your personal data for as long as you have your account with us and thereafter for such period as you may have questions or a claim in relation to our services.
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 it and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data as set out below.
WHAT PROCEDURES DO WE USE TO PROTECT YOUR PRIVACY?
To provide out site and services, in accordance with the purposes set out above, the data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") or the country where you are located. Such processing may be necessary in order to fulfil your order, process your payment details or provide support services, for example, we may transfer personal data we have collected about you to a partner boutique or brand located in another country to the one you are located in. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers, such as our delivery partner. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services and database management services.
We transfer your personal data to one of our partner boutiques or brands outside the EEA, to the extent such transfer is needed to fulfil the contract between you and the partner which you are ordering the products from.
Whenever we transfer your personal data outside of the EEA, we will comply with our legal obligations in respect of any such transfer and ensure a similar degree of protection is afforded to your data by ensuring, where required, that one of the following safeguards is implemented:
- we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission
- where we use certain providers, we may rely on contracts approved by the European Commission which give personal data the same protection it has in Europe (standard contractual clauses).
We will take all steps reasonably necessary to ensure that your data is treated securely and the organisation receiving the data has provided adequate safeguards. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
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.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
WHAT ARE YOUR RIGHTS?
You have certain rights in relation to the personal data we hold about you, which we detail below. Some of these only apply in certain circumstances as set out in more detail below. We may need to request specific information from you to help us confirm your identity before responding to any requests to exercise your rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Marketing and the right to object to processing of your personal data
We may use your personal 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). You will receive marketing communications and updates from us if you have requested information from us or have purchased goods on the site and not opted out of receiving that marketing. You have the right to object to us processing your personal data for direct marketing purposes or where we are relying on a legitimate interest 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes (in which case, we will get your express opt-in consent before we share your personal data with any third party for marketing). You may exercise your right to object online, or may withdraw consent by unsubscribing from receiving marketing communications by following the link provided at the end of the marketing communication. You can also exercise the right at any time in the following ways:
- emailing us at firstname.lastname@example.org. or writing to us at Atterley.com Retail Limited, 2A Coates Crescent, Edinburgh EH3 7AL, marked for the attention of The Director, to let us know you would like to opt out of receiving any further emails from us;
- existing customers can also log in to their account to change their status;
- all emails communications will include information about how you can unsubscribe from receiving marketing communications.
Where you opt out of receiving these marketing messages, this will not affect the lawfulness of any processing carried out before you withdraw your consent and this will not apply to personal data provided to us as a result of a product purchase or other transaction.
Right to request correction of your personal data
We want to make sure that your personal information is accurate and up to date. If, for any reason, you are concerned that personal information held by us is not correct, please visit our site and log in to change your personal information. If you have not registered or if you prefer, you can ask us to correct or remove information that you think is inaccurate at any time by emailing email@example.com. or visiting the ‘Help’ section of the site.
Right to 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, 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.
Right to 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:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- 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.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
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.
Access to your personal data and keeping your personal data up to date
The data protection framework gives you the right to access your personal data and supplementary information (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. Any access request is free of charge. We may charge a ‘reasonable fee’ (based on the administrative cost of providing the information) when a request is manifestly unfounded or excessive, particularly if it is repetitive, or if the request is for further copies of the same information. Alternatively, we could refuse to comply with your request in these circumstances.
We may contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could 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.
We are registered in the UK with the Information Commissioners Office, which provides guidance and support on the processing of personal data. Under the legal framework, you have the right to lodge a complaint to a supervisory authority if you have any concerns. We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioners Office so please contact us in the first instance.
YOU CAN CONTACT US
Effective Date: July 2020