The Brand Architekts Limited
1. Who we are
2. Our collection and use of your personal data
3. Who we share your personal data with
4. Transfer of your data out of the UK and EEA
5. Cookies and similar technologies
7. Your rights
8. How long your personal data will be kept
9. Keeping your personal data secure
10. How to complain
11. How to contact us
1 Who we are
We are The Brand Architekts Limited (“we”, “us”, “our” or "Brand Architekts").We are a company incorporated in England and Wales with registered company number 06315241 and registered office address 8 Waldegrave Road, Teddington, London, TW11 8GT.
This policy sets out how we collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR).
www.theUnexpektedstore.com is a website operated by The Hut.com Limited(“THG”), a company incorporated in England and Wales with registered company number 05016010 and registered office address 5th Floor, Voyager House, Manchester Airport, Manchester, M90 3DQ.
This means that purchases you make via this website will be purchases from THG. It also means that we will be jointly responsible with THG as joint controllers, when your personal data is processed to complete sales via the website and to provide customer support in relation to purchases. When we refer to data processed in connection with purchases or customer support throughout this policy, we are therefore referring to data processed by THG, and references to “we”, “us” and “our” in this context will include THG.
2 Our collection and use of your personal data
How your personal data is collected
We collect personal data about you when you access our website, register as a customer of THG, purchase products from THG via the website, enter a competition, send us feedback, complete customer surveys, raise a query or complaint or otherwise use our online marketplace.
We collect this personal data from you either directly, such as when you contact us or otherwise purchase our products from THG, or indirectly, by monitoring your browsing activity while you are using our website (see “Cookies” below).
We also collect personal data about you from third parties such as:
· Facebook, Google, Instagram, Snapchat and Twitter, when they provide advertisement engagement information to us about advertisements we have displayed on these third party websites.
· Third party cookie providers listed in our Cookies Policy.
· Carriers and delivery service providers, which may provide us with updated delivery and address information, which we use to amend our records and deliver your next purchase or communication correctly.
Personal data we collect about you
The personal data we collect about you depends on the purpose for which you engage with us. We may collect and use the following data about you:
· Identity Data - full name, title, date of birth and gender.
· Contact Data - address, email address and telephone number(s).
· Financial Data- bank account and payment card details.
· Transaction Data - details about payments to and from you and other details of products you have purchased from THG.
· Technical Data - internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions and platform and other technology on the devices you use to access this website.
· Profile Data- your username and password, orders made by you, your interests and preferences.
· Usage Data - data about how you use our website or products, including survey responses.
· Marketing and Communications Data - your preferences in receiving marketing from us and your communication preferences.
In some cases the personal data outlined above is required to provide products to you. In these circumstances if you do not provide the personal data that you are asked to provide, it may delay or prevent THG from providing products to you.
We do not envisage that we will process any special category personal data about customers, potential customers and other website users.
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a lawful basis for doing so, for example:
· Consent: where you have given us clear consent for us to process your personal data for a specific purpose.
· Contract: where our or THG’s use of your personal data is necessary for a contract we or THG have with you, or because you have asked us or THG to take specific steps before entering into a contract.
· Legal obligation: where our use of your personal data is necessary for us to comply with the law (not including contractual obligations).
· Legitimate interests: where our use of your personal data is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal data which overrides our legitimate interests).
The table below explains what we use your personal data for and why:
|Purpose/Activity||Type of Data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer of THG|
(a) Identity(b) Contact
|Performance of a contract with you|
|To provide products or online content to you.|
(d) Transaction(e) Marketing and Communications
(a) Performance of a contract with you(b) Necessary for our legitimate interests (to provide products to customers in exchange for payment).
To manage our relationship with you which will include:
(c) Profile(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products).
|To provide you with information and deal with your requests, enquiries or complaints.|
(c) Financial(d) Transaction
(a) Performance of a contract with you(b) Necessary for our legitimate interests (to provide comprehensive support and assistance to customers when required).
|To enable you to complete a survey or provide us with feedback|
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products, 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)|
(b) Contact(c) Technical
(a) 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)(b) Necessary to comply with a legal obligation
|To deliver relevant website content and marketing materials to you and measure or understand the effectiveness of the marketing we send to you, including to make suggestions and recommendations to you about products that may be of interest to you.|
(e) Marketing and Communications(f) Technical
(a) Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy)
|To use data analytics to improve our website, marketing, customer relationships and experiences|
(a) Technical(b) Usage
|Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
3 Who we share your personal data with
Brand Architekts and THG routinely share personal data in order to provide the products to you via the online marketplace and also in THG’s capacity as a website hosting provider.
We also routinely share personal data with the following third parties:
· Third parties we and/or THG use to help provide products to you and to make our online marketplace available, for example various delivery providers and payment processors and third parties engaged in fraud prevention and detection.
· Other third parties we use to help us run our business, e.g. Altair our media marketing agency and CRM360 our CRM providers.
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
We may also share personal data with external auditors, e.g. in relation to the audit of our accounts or to our legal advisors, all of which are bound by duties of confidentiality
We may disclose your personal data to law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
In the event that Brand Architekts sells some or all of its business, or during a restructuring, your personal data may be transferred to the third party purchaser. During purchase negotiations usually data will be anonymised but this may not always be possible. The recipient of the data will be bound by confidentiality obligations.
4 Transferring your personal data out of the UK
To provide products to you and to make our online marketplace available, it is sometimes necessary for us to share your personal data outside the UK, for example, with our service providers that are either themselves located outside the UK, or that engage sub-processors which are located outside of the UK to assist them in providing services to us, such as The Hut.com our website hosting provider.
Transfers of personal data outside of the UK are subject to special rules under UK data protection law. This is because non-UK countries do not have the same data protection laws as the United Kingdom.
As a result, when we transfer personal data outside of the UK we will ensure that the transfer complies with data protection law by following one of the below steps:
· Confirming that the recipient is located in a country which has been deemed to provide personal data with an adequate level of protection, for example countries located within the EEA.
· Putting in place safeguards such as approved standard contractual clauses so that you have enforceable rights and effective legal remedies.
· Confirming that a specific exception applies under data protection law.
5 Cookies and other tracking technologies
A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you use our website. Cookies help us recognise you and your device, determine which pages and resources you have accessed and understand your preferences and past actions in order to provide you with a more personalised user experience.
We may use your personal data to send you updates about our products, including exclusive offers, promotions or new products available. Where we have your consent to do so, we may do this by post, email, telephone or text message (SMS).
We may combine your personal data with non personal data that we obtain from external sources, such as geo-demographic data which helps us to understand the types of products you are more likely to be interested in based on your delivery address.
We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
If you have given your consent to receive marketing communications, you always have the right to opt out of receiving further promotional communications by:
· Contacting us at firstname.lastname@example.org.
· Using the ‘unsubscribe’ link in emails.
We may ask you to confirm or update your marketing preferences if there are changes in the law, regulation, or the structure of our business.
Please note that THG may also send you other communications in relation to your purchase of products, and we or THG may do so in order to respond to queries you have raised. Such communications are service communications and are not a form of marketing.
Where we display targeted advertising on third party sites (e.g. Facebook, Google, Instagram, Snapchat and Twitter) and you do not want to see this, some third party sites allow you to request not to see messages from specific advertisers on that site in future and you may also be able to opt-out of targeted advertising within your account preferences or your device settings.
You have the following rights, which you can exercise free of charge:
|Access||The right to be provided with a copy of your personal data (the right of access)|
|Rectification||The right to require us to correct any mistakes in your personal data|
|To be forgotten||The right to require us to delete your personal data—in certain situations|
|Restriction of processing||The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data|
|Data portability||The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations|
The right to object:
—at any time to your personal data being processed for direct marketing (including profiling);—in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
|Not to be subject to automated individual decision making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you|
For further information about your rights please
contact us or see the guidance provided by the UK Information
Commissioner’s Office (ICO) on individuals’ rights.
If you would like to exercise any of your rights, please:
· Email, call or write to us — see the 'How to contact us' section at the end of this policy.
· Let us have enough information to identify you e.g. your full name, address and customer or matter reference number).
· Let us have proof of your identity (a copy of your driving licence or passport), if requested.
· Let us know which right you want to exercise and the data to which your request relates.
8 How long your personal data will be kept
We will not retain your personal data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal data.
When it is no longer necessary to retain your personal data, we will delete or anonymise it.
As an indication, if you purchase products from us, we will keep your personal data while we are providing such products. Thereafter, we will keep your personal data for as long as is necessary:
· To respond to any questions, complaints or claims made by you or on your behalf.
· To show that we treated you fairly.
· To keep records required by law.
9 Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your data will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of any data security breach where we are legally required to do so.
Please contact us if you have any query or concern about our use of your data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the ICO. The ICO may be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.
11 How to contact us
Where your enquiry relates to a purchase via the website or customer support in relation to purchases via the website (including questions about what data we hold about you in relation to your purchase, or how to exercise a right under data protection law), THG is the primary point of contact, and should be contacted using the details set out below:
|THG contact details|
The Hut.com Limited
Customer Services, Meridian
House, Gadbrook Park, Cheshire, CW9 7RA
|Our contact details|
FAO: Data Manager
The Brand Architekts Limited
8 Waldegrave Road, Teddington, TW11 8GTEmail: email@example.com