Privacy Policy | Fentimans

INTRODUCTION
1. In this Privacy Policy, when we say:
  1. we, us or our or Fentimans, we mean Fentimans Ltd, a limited company registered in England and Wales (company number: 02967193), whose registered office is Fearless House, Beaufront Park, Anick Road, Hexham, Northumberland, NE46 4TU.
  2. you or your, we mean the person who: accesses and uses the Website (as defined below); visits our premises; purchases our Products; is employed or engaged by one of our Clients; or who otherwise communicates with us.
  3. our Clients, we mean any organisation that we supply our Products to.
  4. the Website, we mean the website found at https://www.fentimans.com/ or any other website we may operate from time to time.
  5. Products, we meanFentimans' beverages and any other products that we make available to you.
  6. personal data, we use these words to describe information that is about you and other individuals (for example, other individuals who may be included on an order for our Products) and which identifies you or those individuals.
PRIVACY POLICY
1. This Privacy Policy sets out the basis on which we collect and use personal data about you through your use of the Website and purchase of the Products, or where our Clients purchase our Products. Please note our Products are only available for delivery in the UK, please see our Website for further information.
2. This Privacy Policy describes:
  1. who is responsible for the personal data that we collect about you;
  2. the personal data we collect about you;
  3. how we will use it;
  4. who we may disclose it to; and
  5. your rights and choices in relation to your personal data.
  This is to make sure you have a full picture of how we collect and use your personal data.
who is responsible for THE personal data that we collect?
1. We are the data controller for the purpose of data protection law, in respect of the personal data we collect about you through your use of the Website and purchase of the Products. This is because we dictate the purpose for which your personal data is used and how we use your personal data.

what Personal data do we hold about you?

We collect and use personal data about you in the course of providing the Products to you or our Clients, providing any associated services to you (such as delivery services or customer services), or providing the Website. The personal data we hold includes:

Information that you provide to us / we collect from you.
The information that you provide to us / we collect from you may include the following:

Type of Personal Data	Examples
General
Identity information.	First name, last name, title, date of birth, gender, marital status.
Contact information.	Address, email address and telephone number.
Financial
Financial information.	Billing address information, along with payment card details or other financial account number and account details.
Transaction information.	Details about payments from you, any payments we may make to our Client or to you (including any refunds) and details of the Products you have purchased from us.
Marketing and Market Research
Marketing preferences (including subscriptions to any newsletters from Fentimans).	Details of any marketing preferences that you express including any opt outs you provide.
Other
Online activity information (to the extent that it constitutes personal data).	Technical information, through your internet browser or electronic device: Certain information is collected by most websites or automatically through your electronic device, such as your IP address (i.e. your computer’s address on the internet), screen resolution, operating system type (Windows or Mac) and version, internet browser type and version, electronic device manufacturer and model, language, time of the visit and pages visited. Technical information, using cookies and online tracking: Cookies are pieces of information stored directly on the device you are using to access our Website. Cookies allow us to recognise your device and to collect information such as IP address, internet browser type, time spent using the Website and the pages visited. For more information about the cookies we use, please see our Cookies Policy.
Complaints.	Details of any complaints or enquiries made by you in relation to the Products or services you have received in relation to those Products, or in relation to use of the Website.
Surveys.	Your views and opinions about our Products.

This information may be provided:

(a) in the course of communications between you and us (including by phone, email or otherwise);

(b) when you fill in forms for us (including those on the Website);

(d) when you provide personal data via our Website.

Information we receive from / collect from other sources
(a) When we carry out a limited credit check on Clients, we may receive personal information from the provider of these checks such as the names of directors, their addresses and details of previous roles they have held. No credit checks will be undertaken on you individually.

(b) We may collect personal information from publicly available sources such as LinkedIn or Instagram, including your name and contact details.

information about third parties
1. In the course of using our Website, you may provide us with personal data relating to third parties. For example, you may provide us with the names and contact details of other individuals who you may be sending our Products to directly as a gift.
2. We will use this personal data in accordance with this Privacy Policy. If you are providing personal data to us relating to a third party, you confirm that the third party is happy for you to share such personal data with us and that you have made them aware of this Privacy Policy.

How do we use THE personal data we collect about you?

We use your personal data for a variety of different purposes during the course of us providing Products and related services to you. The purposes for which we use your personal data are set out below. Under data protection law, we can only use your personal data if we have a legal basis to do so. Examples of where we have a legal basis to process your personal data, includes when:
1. we have your consent;
2. it is necessary to enter into or perform a contract we have with you (or to take steps at your request prior to entering into that contract);
3. it is necessary to comply with a legal obligation;
4. it is necessary in order to protect your vital interests; or
5. it is in our legitimate interests to process your personal data.

We have set out the main reasons for using your personal data in the table below, along with the legal basis we rely on. Where we rely on our legitimate interests, we have set out those interests in the table below.

Purpose	Legal Basis
To communicate with you and other individuals in relation to orders for our Products.		We rely on our legitimate interests. We require your personal information in order to communicate with you or the Client in relation to the supply of services in accordance with the terms of the contract. If you are an individual, we require this information in order to enter into or perform a contract with you when selling our Product to you.
To carry out our obligations arising from any contracts entered into between you and us for the supply and delivery of our Products.		Typically, for such processing we will rely upon the performance of a contract we have with you as our legal basis, if you have purchased the Product from us as an individual. Where we do not have a contract in place with you (for example, where your details have been provided by family or friends who have purchased the Product for you, or where the Product is purchased by our Clients that you work for), we rely upon our legitimate interests. It is in our legitimate interest to comply with the terms of a contract we have in place with our Client or other individual customer, and to carry out our business functions.
To send you direct marketing communications about our Products		Typically we will rely upon our legitimate interests. It is in our legitimate interest to contact you about the Products that we offer. However, in some circumstances we are required by law to obtain your consent in order to send direct marketing communications to you.
To conduct market research about our Products.		We will rely upon our legitimate interests. It is in our legitimate interest to conduct market research to ensure our Products are of high quality and that we identify areas of improvement.
To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.		We will rely on our legitimate interests. This processing is necessary in order to understand how customers and Clients use our Website, and to use this information to grow our business and inform our marketing practices.
To manage our relationship with you, including notifying you of any changes to our terms or Privacy Policy, or asking you to leave a review.		We will rely on our legitimate interests. It is within our interests to keep our records updated and to understand how our Clients and customers use our Products. On some occasions, this processing will be necessary in order to comply with a legal obligation, for example when communicating how we use your personal data which is required by law.
To manage any service or quality related issues, complaints, feedback, queries and other customer support.		We will typically rely on our legitimate interests. We require your personal data in order to manage and ensure the Products we supply are of high quality, including the manner in which we supply the Products. We may instead rely on performance of a contract, where we have a contract with you.
To analyse and improve our Products and related services in order to develop our business and improve customer experience.		We will rely on our legitimate interests. We have a legitimate interest to use your personal data in order to review and improve the Products and related services that we provide. In certain circumstances, we may rely upon your consent in order to assess the quality of the Products we provide.
To comply with any legal or regulatory obligations (including in connection with a court order).		Necessary for compliance with a legal obligation to which we are subject.
To carry out credit reference checks on the Client.	We rely on our legitimate interests. We undertake these checks to certify and assess our Clients' financial standing to ensure we receive payment for the provision of our Products.
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	We rely on our legitimate interests. We have a legitimate interest in the running of our business, provision of administration and IT services, network security, to prevent fraud and in the context of any business reorganisation or group restructuring exercise.

We may be required to obtain your personal data to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or our customer (as applicable) or in preparation of us entering into a contract with you or our customer (as applicable). If you do not provide the relevant personal data to us, we may not be able to perform our obligations pursuant to your contract with us.

who may we disclose your Personal data to?
1. In relation to the purposes highlighted above, we may share your personal data with:
  1. our business partners, service providers and sub-contractors (for example, our logistics partners and delivery drivers, our payment services provider and our Website management agency);
  2. the police and other law enforcement agencies in connection with the prevention and detection of crime;
  3. third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or instructions of a regulatory body (including in connection with a court order);
  4. other third parties in order to enforce or apply the terms of any agreements we have with or otherwise concerning you (including agreements between you and us) or to protect our rights, property or safety of our customers, employees or other third parties; and
  5. our professional advisors (including accountants, lawyers and auditors) that assist us in carrying out our business activities.
2. For a full list of the third parties with whom your particular personal data may be shared, please contact us using the details at paragraph 15 below.
3. We may also disclose your personal data to other third parties, for example:
  1. in the event that we sell or buy any business or assets we will disclose your personal data to the prospective seller or buyer of such business or assets;
  2. if we or substantially all of our assets are acquired by a third party, personal data held by us will be one of the transferred assets; and
  3. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation.
Where will we transfer your personal data?
1. We do not transfer your personal data outside of the UK.
how long will we keep your personal data?
1. We will keep your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
2. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
3. 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, regulatory, tax, accounting or other requirements.
4. For further information on our specific retention periods, please contact us using the details in paragraph 15 below.
DATA SECURITY
1. We have put in place appropriate security measures to guard your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. This includes the use of SSL and TSL encryption on our Website, which protects the transfer of confidential information such as orders or enquires you may send us through the Website. For further information about our security measures, please contact us using the details at paragraph 15 below.
2. We have also put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Your rights

You have certain rights with respect to your personal data. The rights will only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. Details of who to contact to exercise these rights can be found in paragraph 15.

	Summary of your rights
Right of access to your personal data	You have the right to receive a copy of your personal data that we hold about you and information about how we use it, subject to certain exemptions.
Right to rectify your personal data	You have the right to ask us to correct your personal data that we hold where it is incorrect or incomplete.
Right to erasure of your personal data	You have the right to ask that your personal data be deleted in certain circumstances. For example: where your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise used; if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal data; if you object to the use of your personal data (as set out below); if we have used your personal data unlawfully; or if your personal data needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal data	You have the right to suspend our use of your personal data in certain circumstances. For example: where you think your personal data is inaccurate but only for so long as is required for us to verify the accuracy of your personal data; the use of your personal data is unlawful and you oppose the erasure of your personal data and request that it is suspended instead; we no longer need your personal data, but your personal data is required by you for the establishment, exercise or defence of legal claims; or you have objected to the use of your personal data and we are verifying whether our grounds for the use of your personal data override your objection.
Right to data portability	You have the right to obtain your personal data in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies: to personal data you provided to us; where we rely on the following legal bases: consent; or for the performance of a contract; and when the use of your personal data is carried out by automated (i.e. electronic) means.
Right to object to the use of your personal data	You have the right to object to the use of your personal data in certain circumstances and subject to certain exemptions. For example: where you have grounds relating to your particular situation and we use your personal data for our legitimate interests (or those of a third party); or if you object to the use of your personal data for direct marketing purposes.
Right to withdraw consent	You have the right to withdraw your consent at any time where we rely on consent to use your personal data.
Right to complain to the relevant data protection authority	You are entitled to lodge a complaint at the Information Commissioner’s Office (ICO) if you are unsatisfied with how your data has been processed. You can contact them on 0303 123 1113, go online to >https://ico.org.uk/make-a-complaint/ or write to them at: Information Commissioner's Office Wycliff House Water Lane Wilmslow Cheshire SK9 5AF

Further information on your rights in respect to your personal data can be found here: https://ico.org.uk/your-data-matters/
You can contact us at any time in order to find out more about your rights, or to exercise those rights, using the details set out in paragraph 15 below.

third party links
1. The 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 how they handle your personal data. When you leave our Website, we encourage you to read the privacy policy of every website you visit.
cookies
1. For more information about the cookies we set, please see our separate Cookie Policy which can be found on the Website.
Changes to our privacy policy
1. Any changes we make to this Privacy Policy in the future will be posted on this page. The updated Privacy Policy will take effect as soon as it has been updated or otherwise communicated to you.
Queries
1. If you have any questions regarding this Privacy Policy or the way we use your personal data, please contact our Data Protection Officer by:
  1. telephone on +(0)44 01434 609847;
  2. email at info@fentimans.com; or
  3. post at Andrew Jackson, Fentimans Ltd., Fearless House, Beaufort Business Park, Anick Road, Hexham, Northumberland, NE46 4TU.

This Privacy Policy was last updated on 28 May 2021.