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.