Firstly, this privacy notice describes how we collect, use and store personal information about you during and after your business relationship with us, in accordance with the General Data Protection Regulation (EU 2016/679) (GDPR).
Secondly, Emmy Trading Ltd t/a Zest Promotional is a “data controller”. Consequently, we are responsible for deciding how we hold and use and store personal information about you. Likewise, we are required under the GDPR to notify you of the information contained in this privacy notice.
To sum up, we may update this notice at any time.
Finally, it is important that you read this notice. Together with any other privacy notice, we may provide on specific occasions when we are collecting or processing personal information about you. In a similar vein, reading this policy makes you aware of how and why we are using your personal information.
Data protection principles
We will comply with all relevant data protection law (including the GDPR). This requires that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
The kind of information we hold about you
We may collect, store, and use the following categories of personal information about you:
- Personal contact details such as name, title, address, telephone numbers, personal/business email addresses and IP address.
How we will use information about you
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances, especially in where we:
- Need to perform the contract we have entered into with you.
- Must process the orders that you have placed with us
- Need to administer your account with us.
- Seek your views on the products and services that we provide.
- Must notify you of changes to our products and services.
- Send you information about other products or services you have sought from us.
- Need to comply with a legal or regulatory obligation.
- We may need to process a job application or respond to an enquiry about a possible job with us.
- 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.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest or for official purposes.
Situations in which we will use your personal information
We need all the categories of information detailed in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal and regulatory obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
- Administering the contract we have entered into with you and providing our products and services to you.
- Making arrangements for the termination of our contracting relationship.
- Dealing with legal disputes involving you, or any disputes that may arise under the contract that we have with you or the way in which we provide our products and services to you.
- To prevent fraud.
Some of the above grounds for processing will overlap. Therefore, there may be several grounds which justify our use of your personal information.
If you fail to provide personal information
If you fail to provide certain personal information when requested by us, we may not be able to perform the contract we have entered into with you (such as providing you with our services or guarantees), or we may be prevented from complying with our legal obligations (such as financial and tax reporting and insurance maintenance).
Choices you have with your personal information
We will not contact you for marketing purposes by email, phone or text message unless you have given your prior consent. We will not contact you for marketing purposes by post if you have indicated that you do not wish to be contacted. You can change your marketing preferences at any time by contacting us by email: email@example.com or write to us at 11-15 New Road, Radcliffe, Manchester, M26 1LS.
Change of purpose
We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you in writing and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
How we use sensitive information
“Special categories” of sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information.
We may process special categories of personal information in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations and in line with our Data Protection Policy.
- Where it is needed in the public interest, and in line with our Data Protection Policy.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights [in the field of [providing contracted services/products to you]. In limited circumstances, we may approach you for your written consent to allow us to process sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
It is possible to switch off cookies by setting your browser preferences. For more information on how to switch off cookies on your computer, visit [our full cookies policy]. Turning cookies off may result in a loss of functionality when using our website.
We may have to share your data with third parties (listed out in the next section), including third-party service providers. Consequently, we require third parties to respect the security of your data and to treat it in accordance with the law and we will have a contract in place with each of these third parties to ensure the protection of your personal information.
Why might you share my personal information with third parties?
We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
“Third parties” includes third-party service providers (including contractors and designated agents). In particular, the following activities are carried out by third-party service providers:
- Edwards Veeder (UK) Limited – Payroll & Pension Administration
- Eurotek UK Limited – IT Services
- Customer Focus Limited – IT Services
- DHL UK Ltd – Distribution
- World Options – Distribution
- One Post – Mailings
- Click4Assistance – We use live chat software on our website.
- This is provided by Click4Assistance, a 3rd party UK-based Software Company.
- Information regarding how the data is processed and stored can be viewed here.
How secure is my information with third-party service providers and other entities in our group?
All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies and this is supported by a contractual agreement with clear obligations on the third parties.
As an example, we do not allow our third-party service providers to use your personal data for their own purposes. Usually, we only permit them to process your personal data for specified purposes and in accordance with our written instructions.
What about other third parties?
We may share your personal information with other third parties. For example, in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
We have put in place appropriate technical and security measures to protect the security of your personal information. Details of these measures are available upon request. Third parties will only process your personal information on our written instructions and where they have agreed to treat the information confidentially and to keep it secure as part of their contractual arrangement with us.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, workers, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions, and they are subject to a duty of confidentiality. Details of these measures are available upon request.
We have put in place technical and organisational processes and procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
How long will you use my information for?
We will only retain your personal information 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. Details of retention periods for different aspects of your personal information are available in our retention policy and are available upon request. 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.
In some circumstances, we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer a customer of the company we will retain and securely destroy your personal information in accordance with our data retention policy or current applicable laws and regulations.
Rights of access, correction, erasure and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Under certain circumstances, by law, you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information 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.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you. For example, if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data or request that we transfer a copy of your personal information to another party, please contact your Manager in writing.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly excessive or warrantless. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information, such as a certified copy of your passport; from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure that ensures we don’t disseminate personal information to any person who has no right to receive it.
Right to withdraw consent
There may be circumstances where you’ve provided consent to collection, processing and transfer of personal information for specific purposes. In that instance, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our [Data Protection Officer/Advisor/Manager] in writing. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO). Accordingly, the ICO is the UK supervisory authority for data protection issues.
Data protection officer (DPO)
We have appointed a data protection officer (DPO) to oversee compliance with this privacy notice.
Consequently, if you have any questions about this privacy notice or how we handle your personal information, please contact the DPO.
We reserve the right to update this privacy notice at any time; consequently, we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways infrequently about the processing of your personal information.
If you have any questions about this privacy notice, you have options. Above all, please contact the DPO in such an instance.