GDPR Privacy Policy

WHO WE ARE

We are Heathcote & Ivory Limited (“we/our/us”). We are a company incorporated in England and Wales with registered company number 03749171. Our registered office address is Acre House, 11-15 William Road, London, NW1 3ER. Our registered VAT number is 735 676 696.

For the purpose of the Data Protection Act 1998, the General Data Protection Regulation (Regulation (EU) 2016/679) and any amended, updated or subsequently implemented legislation in the UK and/or EU relating to the controlling and processing personal data (“Data Protection Legislation”) we are a data controller of personal data provided by you to us through use of our Website (as defined below). Where we consider it appropriate (and as
further described in this policy) we may also provide third party data processors with such personal data for the purposes set out in this policy.

We are registered as a data controller with the UK Information Commissioner’s Office with registration number ZA357236.

The Data Protection Office is responsible for ensuring compliance with the Data Protection Legislation and with this policy. That post is held by Esther Meyer who may be contacted by telephone on 0207 483 8383 or by email at gdpr@heathcote-ivory.com. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Compliance Manager.

ABOUT THIS POLICY

This policy sets out how, when and why we may collect, control, store, process and transfer personal data that you provide to us, or that we collect from you, when you correspond with us directly and/or enquire or place orders for products with us and/or provide personal data to us through using the www.heathcote-ivory.com website (the “Website”).

This policy also sets out your rights and our obligations in relation to collecting, controlling and processing such personal data.

Our main objective is for you to have absolute trust and confidence in us when we collect, control and process your personal data. The Data Protection Legislation is not intended to prevent processing of personal data, however, but to ensure that such processing is done fairly and without adverse impact on your fundamental rights and freedoms.

Any third party data processors are obliged to comply with this policy when processing personal data on our behalf. Any breach of this policy by that third party may result in disciplinary action being taken against them.

This policy is drafted in English. If there is a conflict between a translated version and the English version of these terms then, to the extent permitted under applicable law, the English version shall prevail.

WHAT IS PERSONAL DATA?

Personal data is information relating to an “identified” or “identifiable” living individual. An “identifiable” individual is one who can be identified, directly or indirectly, in particular reference to an identifier such as a name, an email address, a postal address, date of birth, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

Sensitive personal data includes, but is not limited to, personal data which reveals racial or ethnic origin, and data concerning health or sex life and sexual orientation.

Further detail as to the specific types of personal data and sensitive personal data we may control and process is set out at paragraph 6, below.

For personal data to be processed lawfully by us they must be processed on the basis of one or more of the lawful processing bases set out in the Data Protection Legislation. The lawful bases include, but are not limited to:

your freely given, specific, informed and unambiguous consent to the processing, given by a clear statement or affirmative action;
that the processing is necessary for the performance of a contract to which you are a party;
that the processing is necessary in order for us to take steps at your request prior to entering into a contract with you;
that processing is necessary for compliance with a legal obligation to which you are subject; or
where processing is in the legitimate interest of the data controller or the party to whom the data is disclosed.
As such, we do not always require consent from you in order to lawfully process your personal data – we will only obtain consent to processing where we are unable to rely on one of the other lawful bases for processing. However, if we collect sensitive personal data from you we will generally ask for explicit consent in order to process such sensitive personal data.

INTEGRITY AND SECURITY MEASURES

Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, we must, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, which are designed to implement data-protection principles in an effective manner and to integrate the necessary
safeguards into the processing in order to meet the requirements of the Data Protection Legislation and to protect your rights as a data subject.

In order to ensure data protection by design and by default, we will:

take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.

maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:

Confidentiality means that only people who are authorised to use the data can access it.

Integrity means that personal data should be accurate and suitable for the purpose for which it is processed.

Availability means that authorised users should be able to access the data if they need it for authorised purposes.

PERSONAL DATA WE MAY CONTROL AND PROCESS

We may collect and process various types of personal data and other information from you when you correspondence with us, when you use our Website, and when you correspond with us by phone, email or otherwise. The type of data collected, and the manner in which such data is collected, will vary depending on how you correspond with us, how you use our Website, and whether or not we have a lawful basis for processing data in that way. Further
details of the type of data we collect and the manner in which such data may be processed is set out below in paragraph 6 under the heading “How we collect and use Personal Data”.

Personal data will only be collected to the extent that it is required for the specific purposes set out in this privacy policy.

HOW WE COLLECT AND USE PERSONAL DATA

Personal data may be collected by us actively and passively. The specific types of personal data we may collect from you, and the manner in which such personal data may be collected, includes:

Registration Data

This is personal data that we collect from you when you register to use, or purchase goods (either as a registered user or as a guest) through, our Website.

We will collect your name, email address, postcode, postal address, phone number, credit card details and the password you choose for your account, at the time of you setting up an account to use our Website. We may also collect other information, including your company name, if you choose to provide it to us at the time of setting up an account to use our Website.

How we will use Registration Data

We will use Registration Data for the purpose of reviewing, accepting, confirming, processing, taking payment for, and arranging delivery to you of, orders for goods you place through the Website. In particular, we will use your name and email address to identify you from other customers so that we can process your order properly. We will also use your email address in order to send communications to you relating to the progress of your order
(including for the purpose of confirming that we have accepted your order).

We may also use Registration Data for the purpose of sending direct marketing emails to you relating to the goods and services we offer, as well as for the purpose of sending our newsletter to you. You may unsubscribe from receiving such direct marketing emails at any time by following the “unsubscribe” link in such marketing emails.

Why we may lawfully process Registration Data

We may lawfully process Registration Data for the purpose of reviewing, accepting, confirming, processing, taking payment for, and arranging delivery to you of, orders for goods you place through the Website on the basis that doing so is necessary for the performance of a contract to which you are a party, or is necessary in order to take steps at your request prior to entering into a contract.

We may also lawfully process your name and email address for the purpose of sending direct marketing and newsletter emails to you on the basis that we have a legitimate interest in doing so. We consider ourselves to have a legitimate interest as:

we are pursuing a lawful business interest in sending marketing materials to our
existing contacts and customers; sending such marketing materials to you via email is the quickest and easiest way for us to pursue and manage this lawful business interest, so such processing is therefore necessary; and given that you may unsubscribe to such emails at any time, and that we make you aware at the time of collecting your data as to how, when, where and why we will use Registration Data, we consider your fundamental rights and freedoms to be
balanced with our interest in sending such direct marketing emails to you.

Reseller Data

This is personal data we collect from you when you correspond with us, and or place orders with us for the goods and/or services we offer, as a retail reseller.

We may collect your name, email address, postcode, postal address, phone number, credit card details, bank account details and the password you choose for your account (if applicable), at the time of you liaising with us in respect of (and/or placing an order for) the goods and/or services we offer. We may also collect other information, including your company name, if you provide it to us.

How we will use Reseller Data

We will use Reseller Data for the purpose of reviewing, accepting, confirming, processing, taking payment for, and arranging delivery to you of, orders for goods you place. In particular, we will use your name and email address to identify you from other retail resellers so that we can process your order properly. We will also use your email address in order to send communications to you relating to your order for goods (including for the purpose of confirming that we have accepted your order).

We may also use Reseller Data for the purpose of sending our newsletter to you if you have subscribed to receive such communication, as well as for the purpose of sending direct

marketing emails to you relating to similar goods and services we offer which we consider may be of interest to you. You may unsubscribe from receiving such direct marketing emails at any time by following the “unsubscribe” link in such marketing emails.

Website Data

This is data we may collect passively when you use our Website.

Website Data includes, but is not limited to, your device’s location at the time of using the Website, as well as information relating to when, where and how the Website is used by you, and how many times the Website is accessed by you.

Website Data may also include your device’s Internet Protocol (IP) address, cookies, device type and version, the areas of the Website you visit, the amount of time spent within particular areas of our Website, time zone settings, the time and date of your use of the Website and the operating system and version you use to access the Website, information about your use of the Website including (if applicable) the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), any goods or services you have viewed or searched for, the Website response times, download errors,
page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

How we will use Website Data

We will use Website Data for the purpose of tracking and analysing the popularity and performance of the Website, how it is used by users and for other purposes so that we can tailor, develop and improve the Website and performance of the Website for the benefit of Website users and our clients.

Why we may lawfully process Website Data for these purposes

We will lawfully process Website Data for such purposes on the basis that we consider ourselves to have a legitimate interest in doing so as:

we have lawful business interest in developing and improving the Website for the benefit of our users;

we may only pursue this interest by obtaining and analysing Website Data in this
way, so our activities are necessary in pursuing our lawful business interest; and

we also consider this interest to be balance with your fundamental rights and
freedoms given that we have informed you as to how, when, where and why such Website Data will be collected and processed in this manner, as well as given that us processing the Website Data in this manner will positively impact upon your user experience of the Website.

Where is Website Data stored?

Website Data is passively collected and stored on secure servers operated by Heathcote & Ivory and 3rd party IT support(as well as its group companies), a third party processor who will collect Website Data as and when it arises through your use of the Website. This processor may subsequently provide the Website Data to us once they have collated and processed the Website Data.

Employee Data

If you are an employee of ours we will collect your name, personal email address, date of birth, national insurance number, postal address, telephone number, a photocopy of your passport, passport number and information relating to your next of kind.

How we will use Employee Data:

We will use Employee Data for the purpose of us identifying you from other employees and carrying out general activities required of a reasonable employer. Such activities will include, but are not necessarily limited to, contacting you or your next of kin in the case of emergency, corresponding with you in connection with your role as an employee and making payment to you in connection with your employment.

Why we may lawfully process Employee Data for these purposes

We may lawfully process Employee Data for these purposes on the lawful basis that such use is necessary either:

in order for us to perform our obligations under your contract of employment; or
in order for us to take steps at your request prior to entering into a contract of
employment with you.

How Employee Data is stored:

Employee Data will be stored on secure internal servers located at our trading address. This sever is firewall and password protected and Employee Data stored on such servers is encrypted.

DATA RETENTION

We will only retain your personal data 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.

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.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being customers for tax purposes.

Details of other retention periods for different aspects of your personal data are contained in our retention policy which you can request from us by contacting us at gdpr@heathcoteivory.com. In some circumstances you can ask us to delete your data and in some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR RIGHTS AND OUR OBLIGATIONS

Consent

In some circumstances we may require explicit consent from you in order to process your personal data for a particular purpose or purposes. We will generally only obtain consent from you if we do not have another lawful basis for doing so, for example if we do not have a legitimate interest in doing so or such processing is not necessary to perform a contract to which you are a party.

We do not require consent in order to obtain and process your personal data for the purposes set out in section 6 above (“How We Collect and Use Personal Data”)

However, if we are controlling and processing your personal data on the sole basis of consent, we will ensure that such consent:

is presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of the Data Protection Legislation will not be binding.

can be easily withdrawn by you at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, you shall be informed accordingly. It shall be as easy to withdraw as to give consent.

is freely given. When assessing whether consent is freely given, we shall take account of whether the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.

is lawful where we intend to collect and process personal data children. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child (and we shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology).
You may exercise your right to withdraw consent to processing at any time by contacting us via email to gdpr@heathcote-ivory.com. However, such withdrawal of consent will not retrospectively render processing prior to withdrawal of consent as unlawful.

The Right to Erasure (also known as the “Right to be Forgotten”)

You also benefit from the right to erasure. This means that you have the right to request us
to erase personal data we hold about you, and that we should erase such data without
undue delay, provided that you are able to demonstrate one of the following to us:

(a) that our processing of the personal data is no longer necessary in relation to the purpose for which it was collected;
(b) that you withdraw your consent to the processing and there is no other legal ground for us to continue to process the data;
(c) that you object to the processing under the Data Protection Legislation and there are no overriding legitimate grounds for processing;
(d) that the personal data must be erased in order to comply with a national legal obligation; or
(e) the personal data in question belongs to a child under the age of 16 and no consent is given or authorised by the holder of parental responsibility over the child.

You also benefit from the right to rectify inaccurate personal data we hold which relates to you (also known as the “right to rectification”). This means that, taking into account the subject of the processing, you shall have the right to have incomplete personal data completed. You can exercise your right to rectification by contacting us via email to gdpr@heathcote-ivory.com.

Data Portability

You also have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format. You have the right to transmit such data to other data controllers without hindrance from us where we are processing that data on the basis of having your consent to do so, or where it is necessary for the performance of a contract, and the processing is carried out by automated means.

Subject Access Requests

You as a data subject are entitled to make a formal request for information we hold about you. We must provide you with a copy of this information, the reasons it is being processed and whether it will be given to any other organisations or people provided that you make this request in writing.

CHILDREN’S PRIVACY

Our Website is not marketed to (and should not be used by) anybody under the age of 16.

We do not knowingly collect personal data from children under the age of 16. In the event that we discover that a child under the age of 16 has provided us with personal data, we will delete such data from our servers unless consent is given or authorised by the holder of parental responsibility over the child.

SHARING AND TRANSFERRING PERSONAL DATA

We use industry standard encryption for transmission of data to our systems. Although we cannot guarantee the absolute safety of transmission of data via the internet, we adhere to industry standards to give your data the most appropriate protection possible.

We may provide your personal data to internal and external third parties in order for us to conduct our business services sufficiently. These may include:

External Third Parties

Service providers who may act as processors based inside or outside the EU and who provide IT, system administration and other services.

Professional advisers who may act as processors including lawyers, bankers, auditors and insurers based inside or outside the EU who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities who may act as processors based inside or outside the EU who require reporting of processing activities in certain circumstances.


Other sharing of Personal Data

We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may also disclose personal data we hold to third parties, with your consent, or on the basis of us an otherwise lawful basis under the Data Protection Legislation. For example, we may do so:

(a) in order to facilitate, provide and improve the Website and the goods and/or services we provide to you;
(b) in order to improve the functionality of the Website;
in order to analyse the manner in which our Website and goods/services are used by users;

in the event that we sell or buy any business or assets, in which case we may disclose personal data we hold to the prospective seller or buyer of such business or assets;

if we or substantially all of our assets are acquired by a third party, in which case personal data we hold will be one of the transferred assets; and

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 any contract with the data subject or other agreements; or to protect our rights, property, or safety of our employees, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Transfers outside the EEA

We may also transfer any personal data we hold to a country outside the European Economic Area (EEA), provided that one of the following conditions applies:

(a) the country to which the personal data is transferred ensures an adequate level of protection for the data subjects' rights and freedoms;

you have given your consent to such transfer;

the transfer is necessary for one of the reasons set out in Data Protection Legislation, including the protection of your vital interests;

the transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims; or

the transfer is authorised by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects' privacy, their fundamental rights and freedoms, and the exercise of their rights.

CHANGES TO THIS POLICY

We reserve the right to change this policy at any time. Where appropriate, we will notify you, as a data subject, of those changes by email. We recommend that you also regularly review this privacy policy for any changes.

CONCERNS OR COMPLAINTS

If you have any concerns or complaints relating to this policy, its subject matter, or the manner in which we collect, control and/or process your personal data, please do let us know by sending an email to gdpr@heathcote-ivory.com.

You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data has infringed the Data Protection Legislation. In the UK, the relevant supervisory authority is the Information Commissioner’s Office.