1. WHO WE ARE
This notice is issued by Ed’s Trading Limited trading as Eager Drinks (“we”, “us”, “our” or "Eager Drinks”), a company registered in England with company number 05495111 and our registered office is The Ascott Suite, Greystones House, Burford Road, Chipping Norton, Oxfordshire, OX7 5XA. We are a controller of your personal data and responsible for ensuring that it is properly protected.
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).
Please see the 'How to contact us' section at the end of this privacy notice if you have any questions about this privacy notice or the data we hold about you.
2. THIS PRIVACY NOTICE
We take your privacy very seriously. Please read this privacy notice carefully as it contains important information about who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.
This privacy notice is divided into the following sections:
- Who we are
- This privacy notice
- Our collection and use of your personal data
- Who we share your personal data with
- Transfer of your data out of the UK and EEA
- Cookies and similar technologies
- Your rights
- How long your personal data will be kept
- Keeping your personal data secure
- How to complain
- How to contact us
- Changes to this privacy notice
3. 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 with us, sign up as one of our customers, contact us, send us feedback, purchase products and/or services from us or complete customer surveys.
We collect this personal data from you either directly, such as when you contact us or otherwise purchase our products, or indirectly, by monitoring your browsing activity while you are using our website (see “Cookies” below).
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, marital status, 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 or you have purchased from us.
- Technical Data - internet protocol (IP) address, 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 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.
This personal data is required to provide products to you. If you do not provide personal data we ask for, it may delay or prevent us from providing products to you.
This website is not intended for use by children and we do not knowingly collect or use personal data relating to children under the age of 18.
We do not routinely collect and process special category personal data.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as it does not include information that can directly or indirectly identify you. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
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, which includes:
- Consent: where you have given us clear consent for us to process your personal data for a specific purpose
- Contract: where our use of your personal data is necessary for a contract we have with you, or because you have asked us 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||(a) Identity
|Performance of a contract with you|
|To provide products to you, including:
(a) to manage payments, fees and charges
(b) to collect and recover money owed to us
(e) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:
(a) Notifying you about changes to our products, terms or privacy notice
(b) Asking you to leave a review or take a survey
(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 enable you to complete a survey or provide us with feedback||(a) Identity
(e) Marketing and Communications
|(a) Necessary for our legitimate interests (to study how customers use our services, 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)||(a) Identity
|(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||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our services, 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
|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)|
|To make suggestions and recommendations to you about products that may be of interest to you||(a) Identity
|Necessary for our legitimate interests (to develop our products and grow our business)|
4. WHO WE SHARE YOUR PERSONAL DATA WITH
We routinely share personal data with:
- third parties we use to help provide our products to you, e.g. payment service providers; Shopify, our e-Commerce platform provider; Recharge, our subscription manager; DPD our delivery service; huboo our 3pl partner;
- other third parties we use to help us run our business, e.g. Mailchimp, our marketing services provider; NATIVVE, our digital marketing agency.
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.
We may disclose your personal data to law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, data will be anonymised but this may not always be possible. The recipient of the data will be bound by confidentiality obligations.
5. TRANSFERRING YOUR PERSONAL DATA OUT OF THE UK
To provide products to you, it is sometimes necessary for us to share your personal data outside the UK, for example, with our service providers located outside the UK.
These transfers are subject to special rules under UK data protection law.
Non-UK countries may not have the same data protection laws as the United Kingdom. We will, however, ensure the transfer complies with data protection law and all personal data will be secure.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Adequacy Decision - countries that have been deemed to provide an adequate level of protection for personal data by the UK Information Commissioners Office. Countries that are currently deemed adequate 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 an adequacy decision will change over time. We will always seek to rely on an adequacy decision, where one exists. Other counties 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 of personal data, but we must look at alternative grounds for transferring your personal data to them.
- 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. Where we use certain service providers, we may use specific contracts approved by the UK Information Commissioners Office which give personal data the same protection it has in the UK or EEA. These are known as the Standard Contractual Clauses (or ‘Model Clauses’).
- Where a specific exception applies under 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-contract 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.
For more information about our international transfers, please contact us using the information below.
6. COOKIES AND OTHER TRACKING TECHNOLOGIES
We may use your personal data to send you updates (by email or post) about our products, including exclusive offers, promotions or new products.
We have a legitimate interest in using your personal data for marketing purposes (see the table above). 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.
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, or it is in our legitimate interests to send them because you are not a consumer or you are a consumer that has previously purchased similar products from us, you always have the right to opt out of receiving further promotional communications by:
- contacting us at the details below; or
- 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 we may also send you other communications in relation to your purchase of products or in order to respond to queries you have raised, such communications are service communications and are not considered a form of marketing communications.
8. YOUR RIGHTS
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|
|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.
|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 or write to us — see the 'How to contact us' section at the end of this notice;
- 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); and
- let us know which right you want to exercise and the data to which your request relates.
9. 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 notice. 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; and
- to keep records required by law.
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.
You can request further details of retention periods for different aspects of your personal data by contacting us.
10. 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 a suspected data security breach where we are legally required to do so.
11 HOW TO COMPLAIN
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 Information Commissioner. The Information Commissioner may be contacted at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113
12 HOW TO CONTACT US
You can contact us by post or email if you have any questions about this privacy notice or the data we hold about you, to exercise a right under data protection law or to make a complaint.
Our contact details are shown below:
+44(0) 845 388 2082
13 CHANGES TO THIS PRIVACY NOTICE
This privacy notice was last updated in February 2022. We keep our privacy notice under regular review to make sure it is up to date and accurate. If we change our privacy notice from time to time, we will post the details of any changes here. We may also take reasonable steps to notify you if such changes affect how your personal data is processed.