Privacy Policy

THE LEMONADE STALL LIMITED PRIVACY NOTICE

CONTENTS

____________________________________________________________

CLAUSE

Introduction
Important information and who we are
Your duty to inform us of changes
If you fail to provide personal data
Third-party links
The data we have collected and how it was obtained
How we will use your personal data
Disclosures of your personal data
International transfers
Cookies
Data security
Data retention
Your legal rights
Updates to this notice
Glossary

1. Introduction

This privacy notice aims to give you information on how the Company has collected and will process the following categories of personal data about you:

any personal data, or personal information, or any other information about an individual from which that person can be identified including but not limited to the Images and the Related Personal Data (this does not include data where the identity has been removed i.e. anonymous data) (the personal data); and
the Images (as defined in our Terms and Conditions; and
related contact details (specifically, your name, gender, date of birth, username and password, billing/delivery address and payment method details, e-mail address and telephone number, preferences in receiving marketing from us and our third parties and your communication preferences (the Related Personal Data).

This privacy notice only relates to how we will process the Images and the Related Personal Data through the use of www.smoffee.shop (the Website) or the use of any Smoffee Shop mobile application that we make available (such as via iPhone or Android apps) which you access (the App).
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, for example, if you are using our Website so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

2. Important information and who we are

Controller
The Company is the controller and responsible for your personal data (collectively referred to as “Smoffee Shop”, "we", "us" or "our" in this privacy notice).
Smoffee Shop is operated and managed by The Lemonade Stall Limited, a company registered in England and Wales with company registration number 07330400 and with registered office at Westminster Court, 42 Melville Place, London, N1 8ND (the Company). This privacy notice is issued on behalf of Smoffee Shop and the members of its Group (as defined in our Terms and Conditions so when we say “Smoffee Shop” "we", "us" or "our" in this privacy notice, we are referring to the relevant company in Smoffee Shop Group responsible for processing your data.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Contact details
Our full details are:
Full name of legal entity: The Lemonade Stall Limited
Email address: info@smoffee.shop
Postal address: Westminster Court, 42 Melville Place, London, United Kingdom, N1 8ND
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.

3. Your duty to inform us of changes

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.

4. If you fail to provide personal data

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 (including Images and Related Personal Data), 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 products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

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.

6. The data we have collected and how it was obtained

We have collected the personal data, the Images and Related Personal Data (amongst other data) which you provided to us by you completing an online form, register or shop with us online through the Website, or uploading photographs, graphical images or other similar material on our Website or on the App.

7. How we will use your personal data

We will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:

On the basis of your consent.
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 more information on the meaning of legitimate interests, see paragraph 10.)
Where we need to comply with a legal or regulatory obligation.

Purposes for which we will use your personal data
When you agree to our Terms and Conditions, we need to process certain data to allow us to provide the products/services to you. We have set out below, in a table format, a description of all 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 (meaning the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience) where appropriate.
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.

Purpose of processing your data

Data

Lawful basis for processing including basis of legitimate interest (if applicable)

To register you as a new customer

Related Personal Data

Performance of a contract with you

Marketing and commercial use

Images

Consent in our terms and conditions

To process and deliver your order including:

Manage payments, fees and charges
Collect and recover money owed to us

Images, Related Personal Data

Performance of a contract with you
Necessary for our legitimate interests (to recover debts due to us)

Managing our relationship with you, including:

Notifying you of changes to our privacy policy
Storing your contact details so that we can contact you
Keeping a record of your consent
Asking you to leave a review or take a survey

Images, Related Personal Data

Performance of a contract with you
Necessary for our legitimate interests (to maintain a record of your contact details in case we need to contact you regarding the Images; to keep our records updated and to study how customers use our products/services
Necessary to comply with a legal obligation

To enable you to partake in a prize draw, competition or complete a survey or to make suggestions and recommendations to you about products or services that may be of interest to you

Related Personal Data

Performance of a contract with you
Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

Change of purpose
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.

8. Disclosures of your personal data

We may have to share your personal data with members of our Group and data processors contracted with us or members of our Group (including deliverers and payment service providers, marketing companies or data insight companies).
We may also have to share your personal data with certain third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy 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.

9. International transfers

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.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring any transfers are done in accordance with standards laid down by the European Commission.
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 (see European Commission: EU-US Privacy Shield).
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

10. 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 our Cookie Policy.

11. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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.

12. Data retention

We will only retain the Related Personal Data 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.
We will only retain the Images in accordance with clause 4.6 of our Terms and Conditions
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.

13. Your legal rights

You have, in connection with your personal data, under certain circumstances, the right to:

Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request the transfer of your personal information to another party.
Withdraw consent at any time in relation to our use of the Images for the Specified Purpose, in relation to which 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. 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 us in writing.
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.
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.

14. Updates to this notice

This privacy notice was last updated in August 2020. Please ensure thar you regularly review this privacy notice to keep informed of any changes made to it.

15. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us using at info@smoffee.shop.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.