The Artful Pour Limited Privacy and Cookie Notice
IMPORTANT INFORMATION PRIVACY AND COOKIE NOTICE PURPOSE
The Artful Pour Limited (“TAP”) is committed to protecting your personal data and respects your privacy. This privacy and cookie notice describes how your personal information is collected, used, and shared when you provide TAP with your personal data with consent to use it, whether in a hardcopy and or digital format, and or when you make a purchase of products and services made available by us (“Goods”) from the www.theartfulpour.com (“Site”) and or through other similar TAP digital platforms, products and services that may or may not be directly interfaced with our Site, (“Apps”), (regardless of where you visit them from), including any data you may provide through our Site and or our Apps when you purchase a product, or beverage(s), or alcoholic beverage(s), or event ticket(s), or information services, or experience packages, or gift sets, or subscription services or when you subscribe to a mailing list, or subscribe to a newsletter, or subscribe to receiving alerts, or subscribe to receiving marketing, or similar information, and it tells you about how the law protects you and your privacy rights.
This privacy and cookie notice supplements other privacy notices and or fair processing notices that we may provide and in no way is it intended to override them.
Therefore it is important that you read this privacy and cookie notice in conjunction with any other privacy notices or fair processing notices or cookie notices that on specific occasions we may provide during the course of collecting or processing personal data about you. It is important that you do this in order to be fully aware of how and why we are using your data.
LINKS TO THIRD PARTY WEBSITES
Links, url/hyperlinks and or connections to third-party websites, plug-ins and applications may be included on our Site, and or our Apps. Be aware that we do not control these third-party websites and are not responsible for their privacy statements. By clicking on those links, url/hyperlinks and or connections or enabling those connections you may allow third parties to collect or share data about you. We encourage you to read the privacy notice of every website you visit when you leave our website.
LEGAL PURCHASE AGE
You must not provide us with your personal information if you are not of legal age to purchase alcohol in the jurisdiction in which you reside, or if you are not of legal age to purchase alcohol from the jurisdiction in which you are providing personal data to us from, whether in hardcopy, accessing our Site, and or our Apps. We do not intend to collect personal information from any individuals under the legal purchase age, or to market alcoholic beverages to anyone under the legal purchase age. If we receive notice or believe that someone under the legal purchase age has provided us with personal information we will make every reasonable efforts to remove such personal information from our records, or to flag such personal information and (to the extent permitted by law) retain it for the sole purpose of ensuring that it is no longer used.
PERSONAL INFORMATION WE COLLECT
Personal information or personal data, means any information about an individual from which that person can be identified. Data where the identity has been removed is known as anonymous data and this is not personal data or personal information.
TAP may collect, use, store and transfer different types of personal data about you which we have categorised and grouped together as follows:
-Usage Data, which includes information about how you use our Site, and or our Apps, services and products.
- Identity Data, which includes things like date of birth, age range, first name, last name, username or similar identifiers, title, and marital status.
-Financial Data, which includes things like payment card details, credit card details and bank account details.
- Contact Data, which includes things like email addresses, billing addresses, delivery addresses and telephone numbers.
- Order Information Data, which includes things like details of products and services you have purchased from us, and details about payments to and from you in relation to these purchases.
- Technical Data, which includes things like browser type and version, internet protocol (IP) address, your login data, location and time zone setting, browser plug-in types, some of the cookies that are installed on your device and versions, operating system and platform and other technology on the devices that you use to access our Site, and or our Apps. When you visit or access our Site, and or our Apps, we automatically collect this information. Additionally, as you browse our Site, and or our Apps, TAP collect information about the individual web pages or products that you view, what websites or search terms referred you to our Site, and or our Apps, and information about how you interact with our Site, and or our Apps. TAP refer to this automatically-collected information as “Device Information.”
- Profile Data, which includes things like your, preferences and feedback, username and password, purchases or orders made by you.
- Marketing and Communications Data, which includes things like your preferences in receiving marketing from TAP and your communication preferences for TAP to communicate with you. For example when you subscribe to a mailing list, or subscribe to a newsletter, or subscribe to receiving alerts, or subscribe to receiving marketing.
Aggregated Data, which includes things like demographic data or statistical data, for any purpose is also collected, used and shared by TAP. Aggregated Data may in some instances be derived from your personal data, however it is not considered personal data in law, given that this data does not indirectly or directly reveal your identity or that of others. To give you an example, TAP may aggregate your Usage Data to derive the total number of site users accessing a specific function of our Site, and or our Apps, over a specified period of time. However, if TAP were to take Aggregated Data and combine or connect it with your personal data, in order that it could directly or indirectly identify who you are, TAP will treat any such combined data as personal data, and this will be used by TAP in accordance, with this privacy notice.
TAP do not collect data known as or referred to as Special Categories of Personal Data about you, in any way, and this includes not collecting details about criminal convictions and offences, information about your health and genetic and biometric data, ethnicity, race, religious, beliefs, sex life, sexual orientation, political opinions, trade union membership.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on our Site, and or our Apps, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse our Site, and or our Apps.
INFORMATION COLLECTED, GENERATED OR OBTAINED FROM THIRD PARTIES
These types of personal information may relate to your device (such as your PC, tablet or other mobile device), your use of our Site, and or our Apps (as well as certain third party websites or event organisers with whom we have partnered), and/or your personal preferences, interests, or geographic location. Examples of these types of information include:
HOW YOUR PERSONAL DATA IS COLLECTED
Data is collected from and about you by TAP using different methods, including when you may give TAP your Identity, Contact and Financial Data via direct interactions, such as by corresponding with us by post, phone, email or by filling in forms, or by attending TAP events or TAP affiliated events either with designated TAP host venues and or with venues designated by event organisers. This includes personal data that you provide when you:
- give us some feedback;
- apply for TAP products or services, or order a product, or beverage(s), or alcoholic beverage(s), or event ticket(s), or information services, or experience packages, or gift sets, or subscription services;
- register and or create an account on our Site, and or our Apps, or similar
- enter a competition, promotion, survey, or similar;
- subscribe to a mailing list, or subscribe to a newsletter, or subscribe to receiving alerts, or subscribe to receiving marketing, or similar subscriptions;
- provide credit card details (such as when purchasing products from us);
- contact us with an enquiry or ask us to provide you with information;
- register on our Site, and or our Apps or leave any reviews or comments;
- attend any of our promotional or educational events;
- forward an item to a friend;
- inform us of your marketing preferences, and/or communicate with us via social media websites, third party apps or similar technologies;
- purchase our products or services;
- interact with our Site, and or our Apps, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. For example TAP may receive personal data about you from various third parties or publically available sources such as, Technical Data from analytics providers such as Google (including YouTube) based outside the EU, Facebook (including Instagram) based outside the EU, Twitter based outside the EU, Hotjar based outside the EU, Tawk based outside the EU; and Contact, Financial and Order Information Data from providers of technical, payment and delivery services such as for example iZettle and World Pay UK based inside the EU or other World Pay offices based outside the EU.
We will indicate where any personal information TAP have directly requested is mandatory or optional. TAP will also explain the consequences should you decide not to provide information which we have indicated is mandatory. As explained below, in some circumstances this may mean TAP are unable to provide you with a certain service or product.
HOW WE USE YOUR PERSONAL INFORMATION
We use the Order Information Data that we collect generally to fulfill any orders placed through our Site, and or our Apps (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information Data and or other personal information you have provided to TAP in order to:
Communicate with you;
Screen our orders for potential risk or fraud;
When in accordance with the preferences you have shared with us, provide you with information or advertising relating to our products or services;
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;
For transactional purposes, where we will use your personal information to provide specific services that you request from us, as well as to provide additional services that may be of interest. We will also use your personal information to maintain your accounts, and manage transactions such as credit card payments for any products that you order from us or our agents, or for the fulfilment of such transactions (e.g. delivery);
For corporate transactions, we may use your personal information in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganization, or liquidation whereby we transfer, sell, or assign to a third party information concerning your relationship with us;
For customer services, we will also use your personal information to respond to your queries and requests, for example when you contact our customer services team. We may also use your personal information to notify you about changes to our services, our terms and conditions or this Privacy and Cookie Notice;
For technical maintenance, we use personal information for system administration purposes and to diagnose service or technology problems reported by our users or engineers, these types of problem may be associated with the IP addresses controlled by a specific web company or ISP;
For marketing communications and communicate with you through channels such as email, SMS, telephone, Apps and Progressive Web Apps about TAP products and services, and those of our subsidiaries, affiliates, and parent companies, and any of their related businesses. You have the right to opt-out at any time from receipt of further marketing communications as described in Your Rights. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending you marketing communications as described herein, when you have subscribed and consented to it. You have the right to withdraw consent to receiving such marketing communications at any time by contacting us or by using the “unsubscribe” options that will be contained in all marketing communications that we send to you;
For online targeted advertising, we use techniques such as “online behavioural advertising” and “programmatic advertising” which involve the use of personal information (and the sharing of it with our service providers) to display the most appropriate and relevant advertising to you on our Site or, our websites, and or our Apps, and or our progressive web, or third party websites (including social media platforms). We may also use your personal information (and share it with our service providers as described below) in order to determine if you are a member of a particular social media platform so that we can display our advertising to on that service or to identify consumers who share similar interests and characteristics with you for the purposes of online targeted advertising. See the sections on Cookies and Behavioural Advertising contained herein for more information. You have the right to opt-out at any time from the use of your personal information for online targeted advertising.
For authentication and access control purposes, we may use your personal information to authenticate your access to our Site, and or our Apps, our websites, progressive web apps and to determine which content to provide you and/or whether you should be granted access to certain content (for example depending on your age or location). We may also use your personal information to verify your identity when responding to any requests to exercise your rights under applicable law;
For complying with legal obligations and protect against legal claims or liability, we may use your personal information to comply with our legal obligations, protect us against legal claims, or to detect, protect, or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud, or other illegal or harmful activity, to comply with our audit and security requirements, or to audit compliance with our corporate policies, procedures, legal, or contractual obligations;
For marketing analysis, we may use your personal information for marketing analysis, for example, to assess trends amongst our consumers and what people are saying about our products, to evaluate the impact and effectiveness of our marketing campaigns and promotions, and to analyse the number and types of visitors to our Site, and or our Apps, websites and or users of our products and services (including the locations from which such visitors/users access our Site, and or our Apps or websites or products and services. We often aggregate personal information for these purposes so that it no longer identifies any particular individual;
For online ad verification, we use personal information to monitor our digital advertising to ensure that it does not appear on unsuitable websites or near inappropriate content, and also to ensure that our advertising is visible and seen by real people online (as opposed to ‘bots’ or similar fraudulent techniques);
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site, and or our Apps (for example, by generating analytics about how our customers browse and interact with our Site, and or our Apps, and to assess the success of our marketing and advertising campaigns);
LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also for example use Google Analytics to help us understand how our customers use our Site, and or our Apps--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
TAP have partnerships with some carefully chosen third party services, which involve incorporating some code on our Site and or our Apps, an example of this is so that we can jointly measure how well our marketing activities are working or to enable you to share content with your friends, another example is to enable us to send you marketing information according to your consented preferences and furthermore for us to collect those preferences and consent, where as another example would be to check that you are of the legal age to purchase alcohol in your country of residence . These partners, in some cases, may also store and retrieve their own cookies on your computer. Cookies set by other websites that are not www.theartfulpour.com, are known as third party cookies.
Please see a list of partners and their Privacy Policies below:
Google (including YouTube) https://policies.google.com/privacy
Facebook (including Instagram) https://www.facebook.com/about/privacy/update
We use our service partner Tates Coast 2 Coast Ltd to organise our deliveries. Tates Coast 2 Coast Ltd work closely with us and we only share basic details with them in order to complete deliveries and to make sure we and them comply with GDPR.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/
DO NOT TRACK REQUESTS
Please note that we do not alter data collection on our Site, and or our Apps. Some Web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates “Do Not Track” signals to websites differently, making it unworkable to honour each and every request correctly. In order to alleviate any communication error between browsers and website, we do not respond to “Do Not Track” signals at this time. As the technology and communication between browser and website improves, we will re-evaluate the ability to honor “Do Not Track” signals and may make changes to our policy.
If you are a European resident, under certain circumstances, you have rights under data protection laws in relation to your personal data, you may have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through our Site, and or our Apps), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including but not limited to Canada and the United States. Many of our External Third Parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA and the safeguards that may be implemented as appropriate.
Further details on your rights are provided below:
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. 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. 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 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.
Internal Third Parties
These are for example, other companies acting as joint controllers or processors and who are based in the UK and who provide the following services: marketing, finance, legal and IT support, warehousing, storage and distribution, provision of personnel and general management and strategic advice.
External Third Parties
These are for example, service providers acting as processors based outside of the EU who provide payment support and marketing administration services. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services. HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
We will get your express opt-in consent before we share your personal data with any company outside TAP for marketing purposes.
When you place an order through our Site, and or our Apps, we will maintain your Order Information Data for our records unless and until you ask us to delete this information.
We will retain your personal data, in part or in full and or in duplicate 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.
In addition we will consider if you have subscribed to receiving updates, alerts and marketing from us, and for any reason if you have chosen not to exercise your rights to unsubscribe in part or in full, from receiving such communications from us.
You can ask us to delete your data: please see Your Rights for further information.
Our Site, and or our Apps are not intended for individuals under the age of 18.
Our Site, and or our Apps are not intended for children and we do not knowingly collect data relating to children.
This version was last updated on 06 August 2018.
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.
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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.
DISCLOSURE OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes as set out in this Privacy and Cookie Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
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.
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 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.
We try where reasonably possible to put in place appropriate security measures to attempt to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Furthermore, we take all reasonable steps to limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. We will notify you and any applicable regulator of a breach where we are legally required to do so.
FAILURE TO PROVIDE PERSONAL DATA
In cases where TAP need to collect personal data by law, or under the terms of a contract that we have with you and you fail to provide the required data , TAP may not be able to perform the contract that we have with you or are trying to enter into with you, for example to provide you with products or experience packages or information services. In such an event, we may have to cancel a service or product that you have with TAP, we will however notify you at the time, if this is the case.
TAP reserves the right to form corporate groups, which may be made up of different legal entities.
In such circumstances this privacy notice will be updated and such an event should be read as issued on behalf of the TAP corporate group. In all cases “we”, “us” or “our” or “TAP” mentioned in this privacy notice, will be referring to TAP or the relevant company in any TAP corporate group that is responsible for processing your data at the time of reading.
TAP is currently the controller and responsible for this website / our Site, and or our Apps.
A data privacy manager has been appointed by TAP and they are responsible for overseeing any questions that arise in relation to this privacy notice. Questions that you may have about this privacy notice must be directed to our appointed data privacy manager, this includes any requests to exercise your legal rights. In such circumstances please contact our data privacy manager using the details set out below.
Legal entity: The Artful Pour Limited
Appointed data privacy manager: Patrick O’Neil
Email address: firstname.lastname@example.org
Postal address: The Artful Pour Limited, Unit 9 Offices Leeds Bradford Airport Industrial Estate, Harrogate Road, Leeds, West Yorkshire, LS19 7WP, United Kingdom
Telephone number: 0845 6422123
You have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk) and you may do this at any time. The Artful Pour, however, would sincerely appreciate the opportunity to deal with any concerns you may have before you approach the ICO, so please do contact us in the first instance.