IINTRODUCTION

Welcome to the Notonthehighstreet Enterprises Ltd (“notonthehighstreet”) Privacy Policy (also referred to as, “we”, “us” or “our” in this Privacy Policy).

Notonthehighstreet respects your privacy and is committed to protecting your personal data. This Privacy Policy will tell you how we look after your personal data when you visit our website and/or use our iOS or Android app, (together referred to as the “website” or “site”) and inform you of your privacy rights and how the law protects you.

Please use the Glossary at the end of this Privacy Policy to understand the meaning of some of the terms used in it.

Please also refer to our (i) Cookies Policy and (ii) List of Third Party Providers who may process your personal data.

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on how notonthehighstreet collects and processes your personal data through your use of this website, including any data you may provide through the website when you sign up to receive our marketing material, purchase a product or service, sell through our website or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other privacy notice on our website from time to time so that you are fully aware of how and why we are using your data.

CONTROLLER

Notonthehighstreet is the controller and responsible for your personal data.

CONTACT DETAILS

Our full details are:

Full name of legal entity: Notonthehighstreet Enterprises Ltd, a limited company with registered number 05591382. Notonthehighstreet is registered, and operates, in the United Kingdom.

Postal address: notonthehighstreet, NOTHS House, 63 Kew Road, Richmond, Surrey TW9 2NQ

OUR DPO

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions, including any requests to exercise your legal rights, please contact our DPO on the email address below.

Email address: [email protected]

GET IN TOUCH

If you'd like to ask us a question or otherwise exercise your legal rights in respect of your personal data, the easiest way is to contact us through our customer contact page. This page is monitored by our wonderful customer service team who will pass on your enquiry to the relevant teams.

GET IN TOUCH IF YOU'RE BASED IN AN EU MEMBER STATE OR EEA COUNTRY (OPTIONAL)

As we process the personal data of individuals in the EU and EEA, we have also appointed Data Protection Representative Limited t/a DataRep as our Data Protection Representative in those countries. By appointing DataRep, this means that you can contact us directly in your home country. DataRep has locations in each of the 27 EU countries, and in Norway and Iceland in the EEA, so that you can always raise the questions you want.

If you are based in an EU member state, or an EEA country, and you want to raise a question to us, or otherwise exercise your legal rights in respect of your personal data, you may do so by:

· sending an email to: DataRep at [email protected]

· contacting DataRep via the online webformat: www.datarep.com/data-request

· mailing your enquiry to DataRep at the most convenient of the addresses here

Please note that when mailing enquiries, it is essential that you mark your letters for 'DataRep' and not 'Notonthehighstreet Enterprises Ltd', or your enquiry may not reach us. Please refer clearly to Notonthehighstreet Enterprises Ltd in your correspondence with DataRep. On receiving your correspondence, we are likely to request evidence of your identity, to ensure that your personal data and information connected with it is not provided to anyone other than you.

If you have any concerns over how DataRep will handle the personal data required to undertake these services, please refer to the privacy notice at www.datarep.com/privacy-policy.

Complaints:

If you are based in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (https://ico.org.uk). Please read: https://ico.org.uk/your-data-matters/raising-concerns/ for details of how to do this. 

If you are based in an EU member state or an EEA country, you have the right to make a complaint at any time to the relevant supervisory authority in the country where you live. 

We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other supervisory authority so please do contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We may need to update this Policy at any time and without notice and where we do this we will notify you, for example, by emailing all of our customers.

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us and periodically review the details in your account settings on our website.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the Privacy Policy of the websites you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data which includes your first name and last name. It may also include your gender.
• Contact Data means the data we use to contact you including your billing address, delivery address, email address and telephone and mobile number.
• Financial Data means the payment method and card association used to process your payments for your orders. We do not store or process your card details ourselves, they are processed and automatically stored via one of our contracted third party service providers. We encrypt your payment card details in your browser and securely transfer this data to our relevant third party payment provider to process a payment.
• Transaction Data means details about transactions you have made on our website including any photographs or other details you have provided in respect of an order, the payments to and from you along with other details of products and services you have purchased from us.
• Technical Data means details about the device(s) you use to access our website including your internet protocol (IP) address, browser type and version, 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 includes your username (email address), your login data, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services. This includes your browsing patterns and information such as how long you might spend on one of our webpages and what you look at and for on our website, the page that referred you to our site and the click stream during your visit to our website, page response times and page interaction information (clicks you make on a page).
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share aggregated and/or anonymised data (“Aggregated Data”) such as statistical or demographic data for analytical purposes. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

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 data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, where you do not provide suitable delivery instructions to provide you with goods or services). In this case, we may have to cancel a product or service you have through 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 data from and about you including through:

• Direct interactions. You may give us your Identity Data, Contact Data, Transaction Data, Profile Data, Financial Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• Automated technologies or interactions. As you interact with us, we may automatically collect usage data and technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Policy for further details.

4. THIRD PARTY SOURCES OF DATA/DATA SHARING:

We also collect from and share data with the following providers:

• Sellers: we will share your personal data (name, address, gender, billing address, email, telephone and mobile  phone number as well as any personalisation details you've provided as part of your order) with a Seller with whom you have placed an order so that they can fulfil and manage your order as part of the sales process we provide under our CustomerTerms and Conditions. Any order placed is deemed to be an instruction from you to share your personal data in this way. The Seller will act as an independent data controller, on a stand-alone basis, and process your personal data in accordance with their own policies and security measures. We are not responsible for protecting your information when it is under their control, but you may exercise against such Seller all of the rights which you would otherwise be able to exercise against us as set out in this Privacy Policy.

When we share your personal data with a Seller, you should be aware of the following:

• The Seller (name and contact details) will be as identified on our site. You will be able to contact the Seller directly through our website with any questions or concerns;
• The Seller will process your personal data (including name, address, gender , billing address, email and telephone number as well as any personalisation details if supplied by you) for the purposes identified above, namely to manage your order;
• In all other respects, the Seller shall be responsible for treating your personal data in accordance with Data Protection Laws including in the same way that we do as set out in Sections 9 and 10 below.

• Essential Service Providers: Sometimes, other businesses give us data about you which we may need for our legitimate interests of conducting business with you and on occasion they are necessary to perform our contract with you. It usually comprises Financial Data or Transaction Data. This happens when we link through to third party payment providers. They tell us that you have paid for your products and, where relevant and/or necessary they will provide us with your Contact Data and Transaction Data. We also might engage third party contractors to provide us with technical or delivery services that are related to your account with us.
• Data Enrichment Providers: We may share limited data with trusted data enrichment providers to help us to make sure that the data we store about you is accurate and to help us improve our offering to our customers by understanding you better. This is in our legitimate interests.
• Professional Advisers and Investors: We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organisations. This is in our legitimate interests.
• Group: It is possible we could sell our business to a third party or re-organise our business or become insolvent. In that scenario, our database of customers is one of the biggest parts of our business and so we would need to share it with the third-party buyer and their advisers. This is in the legitimate interests of selling our business. We may also expand our group of companies and in this scenario we may share your data within our group in order to improve our products and services and because some of our internal support services may be shared across the group. This is in our legitimate interests of cost efficiency and growing our business. Where this occurs, we will post a link to all group companies and their locations in this Privacy Policy and they will use your data in the ways set out in this Policy.
• Law Enforcement/Legal Compliance: We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement requests from within or outside your country of residence. This may include disclosing your personal information to government or law enforcement agencies, or private parties, when we have a good faith belief that disclosure is required by law or when we, in our discretion, believe that disclosure is necessary to protect our legal rights, or those of third parties and/or to comply with a judicial proceeding, court order, fraud reduction or legal process served on us. In such cases, we may raise or waive any legal objection or right available to us. These uses of your data are in our legitimate interests of protecting our business security. We may also use your data and share it with the recipients listed in this Privacy Policy for the purpose of complying with our legal obligations.

The lawful bases for sharing and processing this data are set out in the table below and please refer to the List of Third Party Providers for further information.

5. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. 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.

See the Glossary at the end of this Privacy Policy to find out more about the types of lawful bases that we will rely on to process your personal data.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by visiting our Preferences Page.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we may 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.

We do not conduct any automated decision making. We may profile you, if you are a potential customer, for the purposes of targeting marketing at you and where this is done, this is undertaken for our legitimate interests of ensuring our marketing is relevant to its audience. For example, we may classify an appropriate audience for a promotion by what products on our website you have previously looked at or expressed an interest in.

MARKETING

We may use your data (collected directly or from third parties) 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, services and offers may be relevant for you.

We do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine or a third party website which has our website linked in it).

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We generally only send electronic marketing - such as email marketing - to people who have previously bought similar products from us and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you first purchase our products and in every marketing communication afterwards. We may on occasion send out postal marketing for the purpose of growing our sales which is in our legitimate interests and in this scenario we will rely on you to let us know if you do not want to receive this by opting out of marketing (see Opting Out below).

If you have an account with us, and purchase a product through PayPal Express, we will not recognise you as an existing customer (including for the purposes of your marketing preferences) until you have completed your purchase, and if you provide us with the same email address as the one registered to your account.

Where you have not previously bought from us but have registered your details with us (for example by entering a competition or signing up for a newsletter), we will only send you direct marketing communications if you opted into receiving marketing at the time and so given us your express consent (which you may withdraw at any time – see Opting Out below).

We may also share certain data (for example, email addresses, age, as well as other segmentation data provided by third parties) with other advertising platforms (or third parties which facilitate advertising) in order to show you targeted ads including on social media, search engine or video streaming platforms whether or not you opt in to direct marketing. We do this by:

1. the use of cookies which capture your visits to our website. Please refer to our Cookies Policy for more information; and
2. we may also provide these advertising platforms (or third parties which facilitate advertising) with personal data e.g. your email address, age, as well as other segmentation data provided by third parties to create ‘audiences’ of users fitting within a certain demographic/category so that we can target our marketing. This is in our legitimate interests. See ‘Opting Out’ below for details of how you can opt out of this. Our Cookies Policy also explains how you can adjust your cookies preferences.

If you use our Notonthehighstreet: Shop Gifts app, you may receive push notifications from us if you have opted in to receive them. You can choose to turn these off at any time through your relevant device.

EVENT REMINDERS

We may send you marketing messages to remind you of an event where you have opted into receiving reminders and so given us your express consent (which you may withdraw at any time - see Opting Out below).

OPTING OUT

You can ask us to stop sending you marketing messages (including event reminders) at any time by logging into your account and adjusting your marketing preferences, by following the opt-out links on any direct marketing message sent to you or by contacting us at any time.

If you opt out of receiving email marketing from us, we will continue to share limited personal data with other advertising platforms (or facilitators of advertising platforms) (see List of Third Party Providers) unless you make a request for us to erase your personal data (see Section 10 - Your Legal Rights below). Please check the social media, search engine or video streaming platforms' terms for more detail of how to opt out from seeing these ads.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, or related correspondence, and we will continue to process such data in accordance with this Privacy Policy and only ever as permitted by law.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

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 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.

THIRD PARTIES

When you place an order on our website, that information will also be received by the relevant Seller on our marketplace so that they can process and deliver your order. We may also pass on any information about your order or query to a Seller, where relevant.

We also use other third parties to process your personal data and these change from time to time. Please review the List of Third Party Providers regularly to ensure that you are informed.

6. DISCLOSURES OF YOUR PERSONAL DATA

We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.

7. INTERNATIONAL TRANSFERS

Some Sellers, and third parties that we use, are based outside the United Kingdom, so their processing of your personal data will involve a transfer of data outside the United Kingdom.

Whenever we transfer your personal data out of the United Kingdom, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to EU member states and EEA countries on the basis that, on a transitional basis, the United Kingdom deems EU member states and EEA countries to be adequate to allow for data flows from the United Kingdom. 
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or the Information Commissioners Office. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries or  https://ico.org.uk/for-organis...
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe or the UK. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

8. DATA SECURITY

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. 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.

You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information

9. 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, 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. For example, details of your orders will be kept for as long as we need to retain that data to comply with our legal and regulatory requirements. 

In some circumstances you can ask us to delete your data: see ‘Your Legal Rights’ 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.

10. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the 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 the 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. For example where you consider that we do not need it any longer for the purposes for which we originally collected it as explained to you in this Privacy Policy, where you have withdrawn your consent to our using it and we had relied on that consent according to this Policy, where you consider that we cannot show a ‘legitimate interest’ in continuing to process it and we have relied on that legitimate interest to process it as explained to you in this Policy. 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 or targeted advertising. 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 of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the 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.
• Withdraw consent at any time 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 wish to exercise any of these rights, please Contact Us, marking your query for the attention of the DPO.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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.

11. LIMITED JOINT CONTROLLER RELATIONSHIP WITH AWIN

Notonthehighstreet processes your personal data in order to operate affiliate marketing campaigns. This enables us to understand which third party operators of websites, apps and other technology have referred potential customers to our websites and apps, and allows us to pay them a commission in return for those referrals. We do this in the pursuit of our legitimate interests of carrying on an online advertising campaign, paid for on a performance basis. We work with Awin, which helps us to carry out these affiliate marketing campaigns. You can find the Awin privacy policy at https://www.awin.com/gb/privacy/, which includes information on your rights in respect of their data processing. In some instances, Awin may maintain a limited profile which relates to you, but which does not reveal your identity, online behaviour or other personal characteristics. This profile is only used to understand whether a referral is commenced on one device and completed on another device. In some cases, Awin and the referrers of potential customers may receive and process your personal data for the purposes of carrying out affiliate marketing campaigns with us. We also receive personal data from Awin and the referrers of potential customers, which can be categorised as: cookie data, data relating to the website, app or other technology from which a potential customer was referred and technical information relating to your device or an ID individually assigned to your transaction, which Awin can assign to the aforementioned data in its system.

12. GLOSSARY

A more detailed explanation on what some references mean in this policy is as follows:

“legitimate interest” means our interest in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

“performance of a contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

“comply with a legal or regulatory obligation” means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Last updated: January 2023