1.1 We take privacy and the protection of personal information seriously. We are Baxters Food Group Limited ("Baxters", "we" or "us") and we are a "controller" of the personal data we collect and use to operate our hamper business from https://baxtersofscotland.com ("site") for the purposes of UK data protection laws. This means that we are responsible for, and control the processing of, any personal data that you make available to us.
1.2 We take your privacy very seriously and we ask that you read this policy carefully as it contains important information on:
• the personal information we collect about you;
• what we do with your information;
• who your information might be shared with; and
• your privacy rights.
1.4 This website is not intended for children and we do not knowingly collect data relating to children.
2 The data we collect about you
2.1 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).
2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
(a) Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
(b) Contact Data includes billing address, delivery address, email address and telephone numbers.
(c) Financial Data includes bank account and payment card details.
(d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
(e) Technical Data includes 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 this website.
(f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
(g) Usage Data includes information about how you use our website, products and services.
(h) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
2.3 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3 If you fail to provide personal 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 goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
4 How is your personal data collected?
4.1 We use different methods to collect data from and about you including through:
(a) Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
(i) purchase a hamper;
(ii) create a customer account;
(iii) subscribe to our marketing;
(iv) enter a competition, promotion or survey; or
(v) give us feedback, make an enquiry or complaint, or contact us.
5 How we use your personal data
5.1 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:
(a) Where we need to perform the contract we are about to enter into or have entered into with you.
(b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
(c) Where we need to comply with a legal obligation.
6 Purposes for which we will use your personal data
6.1 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
6.2 Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest
To register you as a new customer | Identity, Contact | Performance of a contract with you
To process and deliver your order including: Manage payments, fees and charges, Collect and recover money owed to us | Identity, Contact, Financial, Transaction | Performance of a contract with you, Necessary for our legitimate interests (to recover debts due to us)
To enable you to partake in a prize draw, competition or complete a survey | Identity, Contact, Profile, Usage, Marketing and Communications | Performance of a contract with you, Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | Identity, Contact, Technical | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise), Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | Identity, Contact, Profile, Usage, Marketing and Communications, Technical | We seek your consent to the placement of cookies which enable us to gather this data
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | Technical, Usage | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you | Identity, Contact, Technical, Usage, Profile, Marketing and Communications | Necessary for our legitimate interests (to develop our products/services and grow our business)
7.1 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
7.2 We may use your Identity, Contact, Technical, Usage and Profile 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).
7.3 You will receive marketing communications from us if you have requested information from us (for example, by signing up to our newsletter) or if you have purchased goods or services from us and you have not opted out of receiving marketing during the purchase process.
7.4 We will only send you marketing communications via email.
7.5 We will only send you marketing about our products, services and offers. We will not send you marketing about any products, services and offers from third parties.
7.6 You can ask us to stop sending you marketing communications at any time by following the unsubscribe links on any marketing email sent to you or emailing email@example.com.
7.7 Please note it may take up to 28 days to process your opt-out request and during that period you may receive marketing materials from us while we action your opt-out request.
7.8 Please note that when you unsubscribe from our marketing, we will retain a copy of your email address on our suppression list to help ensure that you do not receive any further marketing from us after we have actioned your request to unsubscribe.
8 Disclosures of your personal data
8.1 We may share your personal data with the parties set out below for the purposes set out in the table above.
(a) Our service providers where necessary to make products and services available to you and to promote our products and services to you, such as our suppliers of IT and marketing services and courier companies for the delivery of the products which you have ordered from us, as well as prize providers when delivering a gift or prize to you.
(b) Other third-party payment providers, when you choose to use their payment services.
(c) Credit reference, fraud prevention, and law enforcement agencies where it is necessary for us to do so to enforce a legal obligation or otherwise where it is fair and reasonable for us to do so for example for fraud protection and credit risk reduction.
(e) Where necessary to protect the rights, property, or safety of our group of companies, our customers, or others we may share personal data with law enforcement agencies.
(f) Where you have consented to marketing via social media, we may share your data with social media platforms to enable them to assess and place appropriate ads from us on your social media feed.
8.2 We take contractual steps to protect the confidentiality and security of your personal data when it is disclosed to external service providers and third parties with whom we do business and seek to ensure your personal data is dealt with in accordance with our instructions, all applicable privacy laws, and only for the purpose for which it is disclosed.
9 International transfers
9.1 The data that we collect from you may be transferred to, and stored at, a destination outside of the UK. It may also be processed by staff operating outside the UK who work for us or for one of our suppliers. 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.
9.2 We shall ensure that any such transfers are lawful and that your personal data is kept secure in accordance with the UK GPDR.
10 Data security
10.1 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.
10.2 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.
11 How long will you use my personal data for?
11.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
11.2 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, regulatory, tax, accounting or other requirements.
11.3 Details of retention periods for different aspects of your personal data are available on request. Please contact firstname.lastname@example.org with your query.
12 Your Legal Rights
12.1 You have the right to:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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:
(i) If you want us to establish the data's accuracy.
(ii) Where our use of the data is unlawful but you do not want us to erase it.
(iii) 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.
(iv) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f) 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.
(g) 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.
12.2 If you wish to exercise any of the rights, please contact email@example.com.
13 Right to Complain
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (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.
14 Contact Details
(a) Email address: firstname.lastname@example.org
(b) Postal address: Legal, Baxters Food Group, 12 Charlotte Square, Edinburgh, EH2 4DJ
15.2 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.
16 Third-party links