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.
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.
- Who are We?
We respect your right to privacy and will only process personal information you in accordance with the Data Protection Legislation which for the purposes of this policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and other applicable privacy laws. Here are the details that Data Protection Legislation says we have to give you as a ‘data controller’:
- Our site address is chooseyourownmemories.com
- Our company name is Choose Your Own Memories Limited
- Our registered address 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.
- Our nominated data compliance representative is Choose Your Own Memories Ltd and they can be contacted at [email protected]
If you have any questions about how we collect, store and use personal information, or if you have any other privacy-related questions, please contact us at [email protected]
- The Website
We take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience.
When you use or contact our Website, you do so at your own discretion and provide any such personal details requested at your own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed below. Every effort has been made to ensure a safe and secure form to email submission process but we advise users using such form to email processes that you do so at your own risk.
As the party responsible for data processing we ensure that the processed data:
- is processed in accordance with the applicable privacy regulations; and
- is sufficiently protected to not be exposed to persons who should have no access to it, this both internally and externally by taking technical, contractual and organisational safety measures.
- What information do we collect?
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)
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, last name, username or similar identifier.
- Contact Data includes contact address, email address and telephone numbers.
- Financial Data that may include bank account and payment card details if you purchase anything from us. However, we always use secure third party payment providers.
- Transaction Data that may include details about payments to and from you if relevant, as well as other details of products and services.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.
- Profile Data includesyour username and password, purchases or orders made by you (if applicable), your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our Website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Interaction Data includes any information that you might provide to any discussion forums on the Website.
- Cookies Data like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them and what kind.
- Third Parties and Information we receive from other sources We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers and search information providers etc) and may receive information about you from them.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) You have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d)processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.
In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.
If you fail to provide personal data
If you choose not to provide the personal information we request, you can still visit most areas of the Website. You have the final decision on whether to proceed with any activity that requests personal information.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
5.How your data is collected
We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions.You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- present Website content;
- apply for our products or Services;
- create an account on our Website;
- purchase our products and receive our Services or publications;
- request marketing to be sent to you;
- purchase our vouchers or redeem vouchers;
- enter a competition, promotion or survey; or
- give us some feedback.
In addition to the above, we may use the information in the following ways:
- To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested
- To allow us to better service you in responding to your customer service requests
- To administer a contest, promotion, survey or other site feature
- If You have opted-in to receive any e-mail newsletters or marketing services, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below
- Present Website content effectively to you
- Provide information, products and Services that you request, or (with your consent) which we think may interest you
- Carry out our contracts with you
- Provide the relevant products or Services to you
- Tell you our charges
Automated technologies or interactions.
As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.
Third parties or publicly available sources.We shall contract with third parties to supply our Services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
To enable us to provide our Services to you, you will be purchasing a memory package through our Website on behalf of our business partners who provide these experiences. Through acceptance of this Policy, you consent to us using your data for this purpose and to us sharing your data with our business partners.
We currently contract with:
CONTACT / MARKETING:
We use mail chimp, google adwords and facebook ads to advertise to our target audience.
FINANCE & TRANSACTION:
We use third party payment providers such as Stripe to process your card payments to ensure that your orders are completed securely.
IT / SOFTWARE:
We may use reputable third parties from time to time to provide IT support. They may access your data to the extent that they need in order to provide their Services.
we may also share your personal information with our professional advisors (including lawyers and accountants) to take advice etc.
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.
If you are already our customer, we will only contact you electronically about things similar to those previously sold to you.
If you are a new customer, you will only be contacted if you agree to it.
We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
- How do we use your data?
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 or regulatory obligation
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to us and you can let us know at any time by contacting us at [email protected], we will either delete your data from our systems or move your personal data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you
As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email AND/OR telephone with information, news and offers on our Services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.
- Purposes for which we will use your personal data
We have set out below, in a table format, a description of 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.Please note this list is not exhaustive of the forms of data that we may collect.
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 in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
Receiving details on our website, to register new customers, including completing registration forms or to submit an enquiry with us by phone, email or via our website.
(a) Necessary for our legitimate interests (to complete new business)
(b) Performance of a contract
Information to carry out our services with our customers including:
(a) accounting services
(c) Manage payments, fees and charges
(d) Collect and recover money owed to us
(e) Process purchases
(f) Undertake customer reviews
(e) Marketing and Communications
(a) Performance of a contract
(b) Necessary for our legitimate interests (to recover debts due to us)
Information to manage our relationship with our customers, or prospective customers which will include:
(a) Notifying about changes to our terms
(b) Asking to leave a review or take a survey
(d) For internal administrative purposes
(e) Marketing and Communications
(a) Performance of a contract
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable customers and prospective customers to partake in a prize draw, loyalty membership, competition or complete a survey
(a) Performance of a contract
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(e) Marketing and Communications
(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 deliver relevant website content and advertisement and promotional activity to measure or understand the effectiveness of the advertising we are providing
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To recruit, support and manage staff for operational reasons
Necessary for our legitimate interests (to operate the business)
- How do we store your data and security?
We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of six years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield
Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website.
We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
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.
Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internetand you take the risk that any sending of that data turns out to be not secure despite our efforts.
If we give you a password upon registration on our Website, you must keep it confidential. Please don’t share it.
- How do we protect visitor information?
We implement a variety of security measures to protect and maintain the safety of your personal information including encrypted software. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
10. Do we use “cookies”?
We may contract with third-party service providers to assist us in better understanding our Website visitors. These service providers are not permitted to use the information collected on our behalf except to help Us conduct and improve our business as authorised by us.
All Cookies used by and on our Website are used in accordance with current English and EU Cookie Law.
A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer.
All cookies used on our Website are set by us.
Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the Website.
Our cookies will be used for:
Essential session management
- creating a specific log-in session for a user of the site in order that the Website remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
- recognising when a user of the Website has visited before allowing us to identify the number of unique users we receive to the Website and make sure we have enough capacity for the number of users that we get;
- recognising if a visitor to the Website is registered with us in any way;
- We may also log information from your computer including the existence of cookies, Your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our Website.
- customising elements of the promotional layout and/or content of the pages of the Website
Performance and measurement
- collecting statistical information about how our users use the Website so that we can improve the site and learn which parts are most popular to users.
If you wish to change you cookie settings, you may do so but each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Website experience more efficient and some of our services will not function properly. However you can still contact us directly.
Other cookies may be stored to your computer’s hard drive by external vendors when this Website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
11. Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. The term “outside parties” does not include Choose Your Own Memories Limited. It also does not include our website hosting partners, business partners, suppliers, subcontractors and other third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
As already indicated above, to enable us to provide our Services to you, we will contract with third parties to supply services to you on our behalf including our business partners who offer the experiences you will be purchasing. Other third parties providers may include payment processing, software providers, delivery of solutions or additional services, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We are also allowed to disclose your information in the following cases:
- If we want to sell our business, or our company, we can disclose it to the potential buyer
- We can disclose it to other businesses in our group
- We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights;
- in connection with legal proceedings (including prospective proceedings);
- in order to establish or defend our legal rights; and
- we can exchange information with others to protect against fraud or credit risks.
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
- Change of purpose
We will only use your personal data for the purposes for which we collect it and to enable us to carry out our business with you, 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.
- Your Rights
When you submit information to us, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emailsandat the point of providing your details).
Under the GDPR, you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling as set out in section 14 below.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
Our Website contains links to and from the websites of our partner networks who provide the experiences that you purchase from us, our advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. We do not accept any responsibility for the services provided by our partner networks.
- Automated Decision-Making and Profiling
We currently do not use automated decision making and profiling. In the event that we do use your personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
The right described in in this section does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between you and us;
b) the decision is authorised by law; or
c) You have given your explicit consent.
Where we use your personal data for profiling purposes, the following shall apply
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences
b) Appropriate mathematical or statistical procedures will be used
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
- Web Analytics
We also collect some non-personally identifiable information (ourselves or using third party services) using web analytic tools. We use third-party services that use tracking technologies to capture aggregate usage and volume statistics about interactions on our Website and Services.
16. Social Media
Communication, engagement and actions taken through external social media platforms that this Website and we participate on are custom to the terms and conditions applicable by the social media supplier as well as the privacy policies held with each social media platform respectively.
You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to your own privacy and personal details. This Website nor its owners will never ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by email.
This Website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. You are advised before using such social sharing buttons, that you do so at your own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
We may share web links through our social media platform accounts to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).
You are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this Website. Despite the best efforts to ensure only genuine urls are published, many social media platforms are prone to spam and hacking and therefore we cannot be held liable for any damages or implications caused by visiting any shortened links.
18. Questions and feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
19. Terms and Conditions
19. Your consent
- Dispute Resolution
If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.