1. Contact Details
You might have questions about how we handle your data or protect your privacy. If you can’t find the information you need below, feel free to contact us using the following methods:
Customer services team at: firstname.lastname@example.org
Data Protection Officer: email@example.com
2. How We Collect Your Information
We collect your personal information when you interact with us or use our services, such as when you use our app or website to place an order. We also look at how visitors use our Sites, to help us improve our services and improve customer experience.
We collect information:
when you create an account with us or you change your account settings;
when you place an order with us and during the order process including for payment and delivery details;
when you contact us directly via email, phone, post, message or via online chat; and
when you browse and use our Sites (before and after you create an account with us).
We also collect information from third party sites, such as advertising platforms and our fraud detection provider.
3. Information We Collect From You
When you our App or order through the Sites, you are asked to provide information about yourself including your name, contact details, date of birth, delivery address, order details and payment information such as credit or debit card information.
We also collect information about your usage of our App and information about you from any messages you post or when you contact us or provide us with feedback, including via e-mail, letter, phone or chat function. If you contact us by phone, we may record the call for training and service improvement purposes, and make notes in relation to your call.
We collect technical information from your mobile device or computer, such as its operating system, the device and connection type and the IP address from which you are accessing our Sites.
We also collect technical information about your use of our services through a mobile device, for example, carrier, location data and performance data such as mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes and/or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us to improve our services.
4. Use Of Your Information
We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.
Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:
to enable us to provide you with access to the relevant parts of the App or Site and its functions;
to supply the services you have requested;
to enable us to collect payment from you; and
to contact you where necessary concerning our services, such as to resolve issues you may have with your order.
We also process your data where we have a justifiable reason for doing so— for example personalisation of our service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:
to improve the effectiveness and quality of service that our customers can expect from us in the future;
to tailor content that we display to you, such as products and services we think you’d be interested in and seasonal promotional offers;
to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible and to provide a positive customer experience;
to contact you for your views and feedback on our services and to notify you if there are any important changes or developments of our services, including letting you know that our services are operating in a new area, where you have asked us to do so;
to send you information by post about our products, services and promotions (if you do not want to receive these, you can let us know by getting in touch (see Contact Details));
to analyse your activity on the App so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;
to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of WhyBuy (including to prevent fraud);
if you submit comments and feedback regarding the Sites and the services, we may use such comments and feedback on the Sites and in any marketing or advertising materials but we won’t identify you; and
where you have chosen to receive push notifications from us through our mobile application, we may send you push notifications relating to the services that you have requested from us and information about our services and offers. You can choose to stop receiving push notifications from us at any time by changing your preferences on your mobile device or by getting in touch.
We will also analyse data about your use of our services to create profiles relating to you and for you. This means that we may make certain assumptions about what you may be interested in and use this, for example, to send you more tailored marketing communications, to present you with items that we think you will prefer, or to let you know about special offers or products which we think you may be interested in. This activity is referred to as profiling. You have certain rights in relation to this type of processing. Please see 'Your Rights' section below for more information.
Where we are under a legal obligation to do so we may use your information to:
create a record of your order(s);
comply with any legal obligation or regulatory requirement to which we are subject.
7. Direct Marketing
Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about our other products and services that may be of interest to you and we may contact you to do so by email or phone
8. Automated Decision Making
We conduct fraud checks on all customers. Where we believe we may detect fraudulent activity we may block you from placing an order and using our App or Sites.
We undertake fraud checks on all customers because this is necessary for us to perform our contracted services to customers, by ensuring that the services we provide are duly paid for, and also so that individuals themselves are protected from fraudulent transactions on their cards.
We may use automated systems including third party fraud detection provider to analyse your order data in order to make automated decisions as to whether or not we will accept an order. We will only do this if we think this is a fairer, more accurate and more efficient way of conducting fraud checks since human checks would simply not be possible in the timeframes and given the volumes of customers that we may be dealing with.
9. Retention Of Your Information
We will not retain your information for any longer than we think is necessary.
Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.
When determining the relevant retention periods, we will take into account factors including:
our contractual obligations and rights in relation to the information involved;
legal obligation(s) under applicable law to retain data for a certain period of time;
statute of limitations under applicable law(s);
our legitimate interests where we have carried out balancing tests (see section on 'How we use your personal information' above);
(potential) disputes; and
guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information where we no longer require your information for the purposes collected.
10. Disclosure Of Your Information
The information we collect about you will be transferred to and stored on our servers located within the EU. We are very careful and transparent about who else your information is shared with.
Sharing your information internally:
We may share your information with other group companies only where necessary for the purposes set out in section 4.
Sharing your information with third parties:
We may share your information with third party service providers. The types of third party service providers whom we share your information with includes:
Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you or carry out fraud checks for us;
IT service providers (including cloud providers): for the purposes of data storage and analysis;
Marketing and advertising partners: so that they can ensure that you see advertising which is more relevant to you and send you email and postal marketing on our behalf.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may also share your information:
if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;
in order to enforce our contractual terms with you and any other agreement;
to protect the rights of WhyBuy, including to prevent fraud; and
with such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police.
International transfers of data:
In some cases the personal data we collect from you could be processed outside the European Economic Area ("EEA"), These countries may not have the same protections for your personal data as the EEA has, but we are obliged to ensure that the personal data that is processed by us and our suppliers outside of the EEA is protected in the same ways as it would be if it was processed within the EEA.
We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.
We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
12. Your Rights
Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.
The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.
The right of access. You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).
The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).
The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).
The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.
The right to data portability. You have the right to obtain your personal information in an accessible and transferable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).
The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.
The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences, disabling cookies as set out in sections 7 and 8 above or by getting in touch (see Contact Details).
If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO) using the following details:
Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone number: 0303 123 1113