Last Updated: September 2020
1. IMPORTANT INFORMATION AND WHO WE ARE
Our Website is not intended for children and we do not knowingly collect personal data relating to children.
WHO WE ARE?
This website is operated by Walker’s Shortbread Ltd, registered in Scotland (company registration SC063233) and we are the data controller and responsible for your personal data.
VAT Number: GB296814415
Title: Data Protection Officer
Email address: firstname.lastname@example.org
Postal address: Walker’s Shortbread Ltd, Aberlour House, Aberlour, Banffshire, AB38 9LD
Telephone number: +44 (0)1340 871555
We are registered in the UK with the Information Commissioners Office (“ICO“), the UK supervisory authority for data protection issues (www.ico.org.uk), which provides guidance and support on the processing of personal data. Under the legal framework, you have the right to lodge a complaint at any time to the ICO) if you have any concerns. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
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.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means information about an individual from which that person can be identified, such as your name and contact details. It does not include data where the identity has been removed (anonymous data).
We may collect, process, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity and Profile Data your first name, last name, title, date of birth, email address, username and password.
- Contact Data your billing address, delivery address, location, email address and phone numbers 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).
- Financial Data your bank account and payment card details.
- Transaction Data details about payments to and from you, details of products and purchases made by you from us.
- Marketing and Communications Data your preferences in receiving marketing from us and your communication preferences and any feedback and survey responses.
- Technical Data technical information, including the internet protocol (IP) address used to connect your computer to the Internets, 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 our Website.
- Usage Data information about how you use our Website and products, products you viewed or searched for, transactions you carried out and purchases you made, length of visits to certain pages, products added to your basket, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
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.
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 personal 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 products). In this case, we may have to cancel an order you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED
We use different methods to collect personal data from and about you including through:
- Direct interactions. You may give us your Identity, Contact, Transaction 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:
- create an account on our Website (as a consumer) or fill in registration forms to apply for a trade account (as a trade customer);
- make use of our Website, such as, searching for a product and placing an order;
- sign up to receive emails and updates via post, for example, newsletters or promotional information;
- participate in social media functions which may be available on our Website;
- participate in competitions, promotions or surveys; or
- contact or correspond with us by phone, email or otherwise.
- Information we receive from third parties and publicly available sources. We work closely with third parties (including, business partners, sub-contractors in technical, payment and delivery services and analytics providers (such as Google based outside the EU)) and may receive technical information about you from them. We may also receive Identity and Contract Data from publicly available sources such as Companies House.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to and we have a legal basis for processing your personal data. Most commonly, we will use your personal data in the following circumstances:
- where we need to perform the contract we are about to enter into or have entered into with you.
- 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.
- where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or post. You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below a description of all the ways we 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. You can find out more about these legal bases here: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/#ib3.
Please 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 personal data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one basis has been set out in the description below.
- Contractual Obligations. We may process your personal data to carry out our obligations arising from any contracts entered into between you and us (or proposed to be entered into) in relation to the supply of products to you and to provide you with the information, products and services that you request from us. Legal basis: necessary for the performance of a contract.
- Order process and delivery. We may process your personal data to process and deliver your order including to fulfil your order by sharing your order details with our delivery partners, to keep you updated about your order, to manage payments, fees and charges, and to collect and recover money owed by you to us. Legal basis: necessary for the performance of a contract and/or for our legitimate interests (to recover debts due to us).
- We may process your personal data to enable you to partake in a prize draw, competition or complete a survey. Legal basis: necessary for the performance of a contract and/or for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).
- Business requirements. We may process your personal data in order to administer and protect our business (including to verify your identity and details of your payment method or credit card account) and to protect our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). Legal basis: 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) and/ or to comply with a legal obligation.
- To ensure you are complying with our terms and to comply with our statutory and regulatory obligations. Legal basis: necessary to comply with a legal obligation.
- We may process your personal data to deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. Legal basis: necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
- Data analytics. We may process your personal data for data analytics purposes in order to administer and improve our Website, products and services, marketing and/or customer relationships and experiences and to ensure that the content from our Website is presented in the most effective manner for you and for your computer, such as personalising your visits to the site. Legal basis: necessary for our legitimate interests (to define the types of customers for our products and services, to keep our Website updated and relevant and improve your experience, to develop our business and to inform our marketing strategy).
- Recommendations about our products. We may process your personal data to make suggestions and recommendations to you about our products that are similar to those that you have already purchased or browsed and that may be of interest to you. Legal basis: necessary for our legitimate interests (to develop our products and services and to grow our business).
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a preference centre where you can view and make certain decisions about your personal data use (to access the centre, please log-in via the Website).
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
PROMOTIONAL OFFERS FROM US
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 and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
You can ask us to stop sending you marketing messages at any time by logging into your account online at www.walkersshortbread.com/uk/ and requesting to update your preferences. This will send an email to your inbox where you can access your preference centre to check or uncheck relevant boxes to adjust your marketing preferences. You can also opt-out by following the opt-out links on any marketing message sent to you or by contacting us at any time.
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 an order for goods or other transactions.
CHANGE OF PURPOSE
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
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.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the following third parties for the purposes set out in in paragraph 4 above:
- analytics and search engine providers that assist us in the improvement and optimisation of our Website.
- service providers, business partners, agents, suppliers, contractors, consultants, and sub-contractors we engage to help us in certain areas, (acting as processors or independent controllers) including hosting providers, payment processors, courier companies, distribution and IT services including website agencies, IT developers, email marketing service providers. We permit these companies to use your personal information only to the extent necessary to provide us with their services and products.
- professional advisers (acting as processors or joint controllers) including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, auditing, insurance and accounting services.
- HMRC, regulators and other authorities 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 Walker’s Shortbread Ltd, our customers or others.
We may share your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
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.
6. INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area.
7. DATA SECURITY
All personal data you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. 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. As part of this, we have ensured we are PCI DSS compliant and verified by Sysnet. Where you have chosen a password which enables you to access certain parts of our Website, we ask you not to share your password with anyone.
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.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
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, regulatory, tax, accounting, or reporting requirements, 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 products or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of your 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.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being a customer for tax purposes.
In some circumstances you can ask us to delete your personal data: see request erasure of your personal data below for further information.
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.
9. YOUR LEGAL RIGHTS
In certain circumstances, you have rights under data protection laws in relation to your personal data including a right to:
- 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.
- request correction of your 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.
- 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.
- 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.
- request restriction of processing 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.
- request 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.
- right to withdraw consent 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.
If you wish to exercise any of the rights set out above, please contact us by email at email@example.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee or alternatively refuse to comply with your request, if your request is clearly unfounded, repetitive or excessive.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may 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.