KEY TERMS It would be helpful to start by explaining some key terms used in this policy: “Personal Data” Any information relating to an identified or identifiable individual “Data Subject” The individual who the Personal Data relates to “Special Category Personal Data” Personal Data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data (when processed to uniquely identify an individual) Data concerning health, sex life or sexual orientation “we”, “us”, “our” THE CIRCLE OF STYLE LIMITED, (company number: 12767249), whose registered office is at: 85 Great Portland Street, London WIW 7LT
PERSONAL DATA WE COLLECT ABOUT YOU We collect personal information about you when you access our Website, register with us, contact us, send us feedback, purchase items via our Website, post material to our Website and complete customer surveys or participate in competitions via our Website. We collect this personal information from you either directly, such as when you register with us, contact us or purchase products or services via our Website or indirectly, such as your browsing activity while on our Website (see ‘Cookies’ below). The Personal Data we collect about you or from you depends on the particular activities carried out through our Website. This information includes:
- your name, address and contact details
- your photo (if you provide one) your clothing size, height, information about allergies and ethical preferences to certain materials, ethical preferences and other
- personal information when you take our Style Quiz
- details of any feedback you give us by phone, email, post or via social media
- information about the services we provide to you
- your account details, such as username, login details when you pay for your subscription and/or items, our third-party payment provider (Stripe) will collect payment, delivery and billing
- information in order to process the transaction
- your billing information and transaction information
- your contact history and purchase history
- information from accounts linked to us e.g. Instagram, Facebook, LinkedIn, Tik Tok
- information about how you use our Website, IT, communication and other systems
- your responses to surveys, competitions and promotions
HOW YOUR PERSONAL DATA IS COLLECTED We collect most of this Personal Data directly from you—in person, by telephone, text or email, and/or via our Website. However, we may also collect information:
- from a third party with your consent e.g. Royal Mail
- connections, communications systems, email and instant messaging systems
HOW AND WHY WE USE YOUR PERSONAL DATA Under data protection law, we can only use your Personal Data if we have a proper reason, e.g:
- where you have given consent;
- to comply with our legal and regulatory obligations;
- for the performance of a contract with you or to take steps at your request before entering into a contract; or
- for our legitimate interests or those of a third party.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. The table below explains what we use your Personal Data for and why.
WHAT WE USE YOUR PERSONAL DATA FOR OUR REASONS Providing products and services to you To perform our contract with you or to take steps at your request before entering into a contract Determining which items will suit / fit you / be the best match based on your preference To perform our contract with you or to take steps at your request before entering into a contract Preventing and detecting fraud against you or us For our legitimate interests or those of a third party, i.e. to minimise fraud that could be damaging for you and/or us Other activities necessary to comply with professional, legal and regulatory obligations that apply to our business To comply with our legal and regulatory obligations Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies To comply with our legal and regulatory obligations Ensuring business policies are adhered to, e.g. policies covering security and internet use For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you Operational reasons, such as improving efficiency, training and quality control For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you at the best price Ensuring the confidentiality of commercially sensitive information For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service to you at the best price Preventing unauthorised access and modifications to systems For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for you and/or us To comply with our legal and regulatory obligations Updating customer records To perform our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products Statutory returns To comply with our legal and regulatory obligations Ensuring safe working practices, staff administration and assessments To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you Marketing our services to (and the products/services of selected third parties): —existing and former customers; —third parties who have previously expressed an interest in our services; —third parties with whom we have had no previous dealings. For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers External audits and quality checks, e.g. for the audit of our accounts For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations
Where we process Special Category Personal Data, we will also ensure we are permitted to do so under data protection laws, e.g.:
- we have your explicit consent;
- the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent; or
- the processing is necessary to establish, exercise or defend legal claims.
MARKETING We may use your Personal Data to send you updates (by email, text message, telephone or post) about our items and services, including exclusive offers, promotions or new items and services. We have a legitimate interest in using your Personal Data for marketing purposes (see above ‘HOW AND WHY WE USE YOUR PERSONAL DATA’). This means we do not usually need your consent to send you marketing information. However, where consent is needed, we will ask for this separately and clearly. You have the right to opt out of receiving marketing communications at any time by:
- contacting us at: firstname.lastname@example.org; or
- using the ‘unsubscribe’ link in emails.
We may ask you to confirm or update your marketing preferences if you ask us to provide further items and services in the future, or if there are changes in the law, regulation, or the structure of our business. We will always treat your Personal Data with the utmost respect and will never sell it to other organisations for marketing purposes.
WHO WE SHARE YOUR PERSONAL DATA WITH We routinely share Personal Data with:
- third parties we use to help deliver our items and services to you, e.g. payment service providers, and delivery companies;
- our stylists and a third-party that produces and analyses the style quiz responses;
- other third parties we use to help us run our business, e.g. marketing agencies or our Website host;
- third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers;
- our insurers and brokers; and
- our bank.
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 need to:
- share Personal Data with external auditors and advisors, e.g. in relation to the audit of our accounts;
- disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations; and/or
- share some Personal Data with other parties, such as potential investors or buyers of some or all of our business or during a restructuring—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations.
If you would like more information about who we share our data with and why, please contact us (see ‘HOW TO CONTACT US’ below).
WHERE YOUR PERSONAL DATA IS HELD Personal data may be held at our place of business and those of our, third party agencies, service providers, representatives and agents as described above (see above: ‘WHO WE SHARE YOUR PERSONAL DATA WITH’). Some of these third parties may be based outside the UK/EEA. For more information, including on how we safeguard your Personal Data when this happens, see below: ‘TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK AND EEA’.
HOW LONG YOUR PERSONAL DATA WILL BE KEPT We will keep your Personal Data while you have an account with us or while we are providing items and services to you. 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; and
- to keep records required by law.
We will not keep your Personal Data for longer than necessary. Different retention periods apply for different types of Personal Data.
TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK AND EEA To deliver services to you, it is sometimes necessary for us to share your Personal Data outside the UK/EEA, e.g: with our service providers located outside the UK/EEA. Under data protection law, we can only transfer your Personal Data to a country or international organisation outside the UK/EEA where:
- the UK government or, where the EU GDPR applies, the European Commission has decided the particular country or international organisation ensures an adequate level of protection of Personal Data (known as an ‘adequacy decision’);
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for Data Subjects; or
- a specific exception applies under data protection law.
These are explained below
ADEQUACY DECISION We may transfer your Personal Data to certain countries, on the basis of an adequacy decision. These include:
- all European Union countries, plus Iceland, Liechtenstein and Norway (collectively known as the “EEA”);
- Gibraltar; and
- Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay.
The list of countries that benefit from adequacy decisions will change from time to time. We will always seek to rely on an adequacy decision, where one exists. Other countries we are likely to transfer Personal Data to do not have the benefit of an adequacy decision. This does not necessarily mean they provide poor protection for Personal Data, but we must look at alternative grounds for transferring the Personal Data, such as ensuring appropriate safeguards are in place or relying on an exception, as explained below.
TRANSFERS WITH APPROPRIATE SAFEGUARDS Where there is no adequacy decision, we may transfer your Personal Data to another country or international organisation if we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for Data Subjects. The safeguards will usually include using legally-approved standard data protection contract clauses.
TRANSFERS UNDER AN EXCEPTION In the absence of an adequacy decision or appropriate safeguards, we may transfer Personal Data to a third country or international organisation where an exception applies under relevant data protection law, e.g:
- you have explicitly consented to the proposed transfer after having been informed of the possible risks;
- the transfer is necessary for the performance of a contract between us or to take pre-contractual measures at your request;
- the transfer is necessary for a contract in your interests, between us and another person; or
- the transfer is necessary to establish, exercise or defend legal claims
We may also transfer information for the purpose of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms. Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your Personal Data on this ground.
FURTHER INFORMATION If you would like further information about data transferred outside the UK, please contact us by email: email@example.com
YOUR RIGHTS You have the following rights, which you can exercise free of charge:
- The right to be provided with a copy of your Personal Data Rectification
- The right to require us to correct any mistakes in your Personal Data Erasure (also known as the right 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 To object
- 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.
- 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
- 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 on each of those rights, including the circumstances in which they apply, please contact us (see ‘HOW TO CONTACT US’ below) or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights. If you would like to exercise any of those rights, please:
- email us —see below: ‘HOW TO CONTACT US’;
- provide enough information to identify yourself (e.g. your full name, address and customer or reference number) and any additional identity information we may reasonably request from you; and
- let us know what right you want to exercise and the information to which your request relates.
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 information 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 a suspected data security breach where we are legally required to do so.
HOW TO COMPLAIN Please contact us if you have any query or concern about our use of your information (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 Information Commissioner or any relevant European data protection supervisory authority. The Information Commissioner may be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.
DO YOU NEED EXTRA HELP? If you would like this notice in another format (for example audio, large print, braille) please contact us (see ‘HOW TO CONTACT US’ above).