1. INTRODUCTION
Welcome to the KellyDeli’s privacy policy.
KellyDeli 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.
2. IMPORTANT
INFORMATION AND WHO WE ARE
2.1 PURPOSE
OF THIS PRIVACY POLICY
This privacy policy aims to give you
information on how KellyDeli collects and processes your personal data through
your use of this website, including any data you may provide through this
website.
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 policy or fair processing policy we may
provide on specific occasions when we are collecting or processing personal
data about you so that you are fully aware of how and why we are using your
data. This privacy policy supplements other notices and privacy policies and is
not intended to override them.
2.2. CONTROLLER
KellyDeli Group is made up of different
legal entities. This privacy policy is issued on behalf of the KellyDeli Group
so when we mention “KellyDeli”, “we”, “us” or “our” in this privacy policy, we
are referring to the relevant company in the KellyDeli Group responsible for
processing your data.
KellyDeli Company Limited – as identified
below – is the controller and responsible for this website.
2.3. CONTACT
DETAILS
If you have any questions about this
privacy policy or our privacy practices, please contact us in the following
ways:
2.4 CHANGES TO
THE PRIVACY POLICY
We keep our privacy policy under regular
review.
This version was last updated on April 2021.
2.5 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 every website you visit.
3. THE DATA WE
COLLECT ABOUT YOU
3.1 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).
3.2 We collect personal information about
you when you use our website ("Website") or otherwise interact with
us via other channels such as social networks.
3.3. We collect information that you
provide to us when registering for our Osaka Bay Club , communicating with us, making enquiries, completing our
partnership application form or visiting/using our Website. This includes your
name, username, password, address, date of birth, email address, telephone
number, your location, social media profile information (where you reach out
via social media such as Facebook or Instagram) and content of your
communications. We also collect transaction information from when you make a
purchase including your payment credit card information and the products you
buy. This also includes profile information such as the products you like.
3.4 Other personal data can be collected
automatically, for example your browsing or shopping activity. We may also log
general information about your browser or device whenever you visit our
Website. This information may include your computer’s Internet Protocol (IP)
address, your browser type and version, the pages you visit on our Website, the
time and date of your visit, and the time spent on each page. Like most website
operators, we collect this data to better understand how our visitors use our
services, and how we may improve your experience of our Website in future. Some
of this data may be obtained automatically through the use of cookies – please
refer to our Cookies Policy for more
information.
3.5 In specific instances, we may need to
collect additional data for the purposes explained to you at that time.
3.6 We work with third parties (including,
for example sub-contractors) who may collect personal information from you and
pass it on to us. Where this is the case, the relevant third party is
responsible for notifying the details of the same to you and for obtaining the
relevant consents from you (if necessary).
4. HOW IS YOUR
INFORMATION USED AND WHAT IS THE LEGAL BASIS FOR THIS USE?
4.1 We process your information for the
following purposes:
4.1.1 To fulfil a contract. This includes:
- administering our reward club Osaka Bay Club;
- to process and fulfil any orders,
subscriptions or other purchase made;
- to provide customer service;
- to process your payments;
- to verify your identity;
- to process any entries that you make into
competitions run by us;
4.1.2 To conduct our business and pursue
our legitimate interests, in particular:
- to communicate with you about products,
services and offers that may be of interests to you;
- to provide products you have requested
and for customer services purposes to respond to any comments or complaints you
send us;
- to continuously improve our products and
services and personalise your experience online;
- to notify you about changes to our
Website;
- to provide you access to our Website and
to improve your user experience;
- to better understand our customers, how
often they come to and how long they spent in our Website;
- for market research and customer services
purposes.
4.1.3 Where you give us your consent:
- we send you marketing communications;
- we place cookies;
- on other occasions where we ask you for
consent, we will use the data for the purpose which we explain at that time.
4.1.5 For purposes which are required by
law:
- responding to court orders, subpoenas or
other legal processes with which we are required to comply;
- for crime and fraud prevention, detection
and related purposes.
4.2 In certain circumstances, some of the
above grounds for processing will overlap and there will be several grounds
which justify our use of your personal information.
4.4 You aren't always required to give us
your personal data, but where we need to collect or process your personal data
by law, or under the terms of a contract we have with you, and you fail to
provide that data when requested (or fail to consent to the processing of that
data, if necessary), we may not be able to perform the agreement or arrangement
we have or are trying to enter into with you, or provide you with certain of
our goods and services.
5. WITH WHOM DO
WE SHARE YOUR INFORMATION?
5.1 Third Party Service Providers working
on our behalf
In order to make certain services available
to you, we may pass your information to our third-party service providers, suppliers.
subcontractors. These include IT, Website hosting, marketing service providers
and payment processors (for example, to process deliveries and send you your
order confirmation).
5.2 Third Parties with whom we transact
If any of our businesses enter into a joint
venture with, purchase or are sold to or merge with another business entity,
your information may be disclosed or transferred to the target company, our new
business partners, administrators, or owners or their advisors.
5.3 Sharing to comply with legal
obligations
We may use the information that you provide
to us if we are under a duty to disclose or share your information in order to
comply with any legal obligation.
5.4. Data Transfers
In addition to the data sharing described
in section 5.1, 5.2 and 5.3, the information that we collect from you may,
where lawful, be transferred to, and stored at, a destination outside the UK or
the European Economic Area ("EEA").
Where we do so, we will sure that
transfers:
- are made to countries that have been
deemed to provide an adequate level of protection to personal data; or
- are carried out under standard
contractual clauses approved by the European Commission as providing appropriate
safeguards, copies of which are available to view on the Commission’s website (https://ec.europa.eu).
6. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under
data protection laws in relation to your personal data. You have the right to:
6.1 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.
6.2 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.
6.3 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. 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.
6.4 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. In some cases, we may
demonstrate that we have compelling legitimate grounds to process your
information which override your rights and freedoms.
6.5 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:
6.5.1. If you want us to establish the data’s
accuracy.
6.5.2. Where our use of the data is unlawful but
you do not want us to erase it.
6.5.3 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.
6.5.4. 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.
6.6 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.
6.7 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 withdraw your consent, we may not be able to provide certain products or
services to you. We will advise you if this is the case at the time you
withdraw your consent.
If you wish to exercise any of the rights set out
above, please contact privacy@kellydeli.com.
7. HOW LONG WILL YOU USE MY PERSONAL DATA
FOR?
7.1 Where we process personal data for marketing
purposes or with your consent, we process the data until you ask us to stop and
for a short period after this (to allow us to implement your requests). We also
keep a record of the fact that you have asked us not to send you direct
marketing or to process your data indefinitely so that we can respect your
request in future.
7.2 Where we process personal data in connection with
performing a contract, subscription or for a competition, we keep the data for 3
years from your last interaction with us.
8 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 https://kellydeli.com/gb-en/cookies-policy.
9 FRANCHISEES
Some of our kiosks and other businesses are
run by franchisees. A franchisee is a separate business that has a licence to
sell produce under one of our brands.
Each franchisee is responsible for compliance with privacy laws, and we place strict burdens on franchisees to ensure that they do so. Occasionally, there may be an exchange of personal data with a franchisee where it is necessary: for example, if you have raised a query with us about a matter that relates to a franchised kiosk, we would be required to discuss that issue with the franchisee, which would involve the use of your personal data for this purpose.