Your Privacy and Data Protection

Introduction

Welcome to YouGarden’s privacy policy.

YouGarden respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

We will abide by current law (in particular with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the Data Protection Act 2018 (DPA 2018)) and will only use the information that we collect about you appropriately and lawfully.

The information we collect about you is necessary for us to take and process your order and also deal with any service related issues that may arise thereafter. We will also send you details of special offers and let you know about new products and services from time to time.

Controller:

YouGarden will be the data controller of your personal data you provide to us. This means YouGarden determines the way in which any personal data is processed. As data controller we are responsible for your personal data.

If at any point you wish to change your contact preferences you can do so by contacting our data protection officer at [email protected] or write to us at, YouGarden, PO Box 637, York, YO26 0DQ. You can also call us on 0844 6 569 569.

We keep our privacy policy under regular review. This privacy policy was updated on 02/06/2020. 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.

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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

The Data We Collect About You:

When you order from us you provide personal information such as:

• Identity Data: which includes your full name and your date of birth
• Contact Data: which includes your postal address, billing address, delivery address, contact telephone number and email address
• Financial Data includes payment card details, PayPal and Amazon pay details although we do not retain your Financial Data on our systems.
• Profile Data; which includes details of your order(s)
• Technical Data which includes your IP address, and the devices you use to access this website to enable us to provide a more personalised website experience
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences
• Transaction Data includes details about payments from you and other details of products and services you have purchased from us.

The cookies do not contain your personal data about you. Please see our Cookie Notice for more information.

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 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 apply for our products or services; create an account on our website; subscribe to our service or publications; request marketing to be sent to you; or give us feedback or contact us.

Interactions with Third Parties: Your Identity Data and Contact Data is processed by way of cross referencing it against a bereavement register to assist in our periodic review of our marketing database to ensure that recipients of marketing materials who are deceased are removed from the marketing database.

How is your personal data used?

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 obligation.
• Where we perform a periodic review of our marketing database which we cross reference against a bereavement register.

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 plan to 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.

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 data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.

Purpose - Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of a contract with you
To process and deliver your order including managing payments, fees and charges	(a) Identity (b) Contact (c) Financial (d) Profile (e) Transaction	Performance of a contract with you
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(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 make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Profile (e) Marketing and Communication	Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing:

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences. Alternatively, you can follow the unsubscribe links on any marketing message sent to you via email or by opting out of offline marketing literature by making contact with us.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase as you will have a lifetime guarantee on your order. However, personal data will be removed should you wish to opt out of the lifetime guarantee.

Third Party Marketing:

Those third parties who wish to send you marketing communications will fall into the following categories:

• Retail: General stores, Home improvement, Fashion and clothing
• Finance: Pensions, investments & savings
• Insurance: Home, car, travel, pet, personal
• Travel: Holidays, hotels, airlines
• Lifestyle: Health & Wellbeing, fitness, media & publishing companies (e.g. Northern & Shell, Reach PLC, Radio Times, etc), Leisure
• Charities:

All third-party users of your personal data are legally required to adhere to the GDPR and DPA 2018 and to adopt appropriate security measures to prevent unauthorised use of your data.

Your personal data is shared with Experian Ltd for the purpose of managing a service called Club Canvasse, a home shopping and direct retailer data co-operative of which YouGarden Limited are members. By sharing information on what customers by and pooling that with contributions from other members of the co-operative, the service allows YouGarden Limited to better understand out customers and to communicate with your more effectively. Please note, your personal information is not shared with any of the other member of the co-operative, and only aggregated data on the number and value of purchases is provided to members e.g. we will receive a report which states how many customers who have bought from us in the last 0-12 months, and who have also bought from other members of the co-operative in the last 0-12 months, or the las 24 months, last 36 months etc. To understand more please click through to Experian's website to understand more about their marketing services.

Supplier Partners:

YouGarden only work with trusted partners who supply products and services on our behalf. All partners are subject to thorough security checks and hold only the personal data required in order to fulfil the orders you place with us or to provide a service on our behalf.

Delivery Partners:

In order for you to receive your goods, YouGarden work with a number of delivery partners. Only limited information is passed to them in order to ensure delivery of your items.

IT Companies

YouGarden works with IT companies who are security checked and support our website and other business systems.

Marketing Companies:

YouGarden work with marketing companies who help us manage our electronic communications with you or carry out surveys and product reviews on our behalf.

Payment processing:

YouGarden work with credible third party payment processing providers in order to securely take and manage payments.

International Transfers:

We do not transfer your personal data outside of the EEA (European Economic Area).

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.

Staying in touch?

We would love to keep in touch with you and let you know about new products, special offers and exclusive promotions. When you first set up your account, we will ask if you want to receive this marketing information.

If you decide you do not want to receive this marketing information you can request that we stop by emailing [email protected] or write to us at, YouGarden, PO Box 637, York, YO26 0DQ. You can also call us on 0844 6 569 569. You may continue to receive mailings for a short period while your request is dealt with.

Keeping information:

Once your personal data is collected, the amount of time we retain it only for as long as reasonably necessary including for purposes such as guarantees, reporting requirements and legal obligations. The only exceptions to this are where the law requires us to hold your personal information for a longer period or delete it sooner if you exercise your right to have the information erased.

We work with Epsilon Abacus (registered as Epsilon International UK Ltd), a company that manages the Abacus Alliance on behalf of UK retailers and charities. The participating retailers are active in the clothing, collectables, food & wine, gardening, gadgets & entertainment, health & beauty, household goods, and home interiors and travel categories. Retailers share information about their customers and what they buy. Epsilon Abacus processes this information as a processor on behalf of the retailers to help them understand consumers’ wider buying patterns. From this information, retailers can tailor their communications, sending individuals suitable offers that should be of interest to them, based on what they like to buy. You can learn more about how Epsilon Abacus processes your personal information in their Privacy Policy, which is available here: https://abacus.epsilon.com/privacy-policy/

Your Legal Rights:

For further details on your rights please visit the Information Commissioners website. https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

No Fee Usually Required:

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 if your request is clearly unfounded, repetitive or excessive. Alternatively, we could 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 could 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.

Cookies:

We do use cookies, but once again, only in accordance with current legislation and best practice guidelines - the cookies contain no personal data about you. You will always have the opportunity to opt out of any of our marketing activity. You can also opt out of any third party marketing activity too. We do not hold personal data about you without your consent. It will always be the personal data you provide so should be accurate and up to date, but if you would like to see it let us know and we will send you a copy of what we hold. If there are any inaccuracies in the information we hold, let us know and we will correct it without delay. We only operate within the EEA (European Economic Area).

If at any time you have any queries or questions regarding our privacy policy or about your information specifically, please get in touch with us. You can email us at [email protected].

Lawful Basis for Processing:

Legitimate Interest means the interest of our business 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). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Details of our Third-Party Cookies

For more information on YouGarden cookie use, please visit our cookie policy