PRIVACY NOTICE (GDPR COMPLIANT)

Orient Express Takeaway (collectively referred to as “Orient Express Takeaway”, “we”, “us” or “our” in this privacy notice) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website or mobile application (the “Platforms”)(regardless of where you visit it from) and use our services and tells you about your privacy rights and how the law protects you.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how we collects and processes your personal data through your use of the Platforms and engaging our services, including any data you may provide through the Platforms or by other means.

The Platforms not intended for children and we do not knowingly collect data relating to children.

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 so that you are fully aware of how and why we are using your data. This privacy notice supplements our other notices and policies and is not intended to override them.

Controller

Orient Express Takeaway is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the DPO using the details set out below.

Contact details

Our full details are:
Contact Person: Digital Marketing Manager
Email address: [email protected]

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 (our contact details are set out above) in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on the date as shown at the bottom of this privacy notice. Historic versions can be obtained by contacting us (our contact details are set out above).

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.

Third-party links

Our Platforms 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 Platforms, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

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.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Contact Data includes your email, phone number, address or a social media account of yours for registration.

• Identity Data includes your chosen username, gender, your chosen photograph and your location.

• Marketing and Communications Data includes your preferences regarding the marketing materials and information that you receive from us and our third parties and your communication preferences.

• Profile Data includes your interests, preferences, orders, feedback and survey responses.

• Technical Data includes your internet protocol (IP) address, your login data, cookies, browser type and version, time zone setting and location, browser plug-in types and versions, heat map, operating system and platform and other technology on the devices you use to access our Platforms.

• Usage Data includes information about how you use our Platforms, products and services.

We also collect, use and share data such as statistical or demographic data for any purpose (“Aggregated Data”). 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 and others’ Profile Data to calculate the percentage of users that have a specific preference. 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.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

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, we may not be able to perform the services we have or are trying to enter into with you (for example, to provide you with goods 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.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by email or otherwise. This includes personal data you provide when you:
· subscribe to our service or publications (for example, newsletter and push notifications);
· request marketing to be sent to you;
· enter a competition, promotion or survey; or
· give us some feedback.

• Automated technologies or interactions. As you interact with our Platforms, 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. Please see our cookie policy below.

• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
· Technical Data analytics providers such as Google, Yandex, Baidu and others based outside the EU;
· Contact Data from providers of technical services.
· Identity and Contact Data from data brokers or aggregators.
· Identity and Contact Data from publicly available sources such as Companies House and the Electoral
· Register based inside the EU.

4. How we use your personal 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 services 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 sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us (our contact details are set out above).

Purposes for which we will use your personal data

We have set out below, 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 are 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 (our contact details are set out above) 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.




Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.


Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). The cookies are used for personalized ads or content.


You will receive marketing communications from us if you have requested information from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.



Third-party marketing

We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.


Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us (our contact details are set out above).


Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service experience.


Cookies

Our Platforms use cookies to distinguish you from other users of our Platforms. This helps us to provide you with a good experience when you browse our Platforms and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

• Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Platforms when they are using them. This helps us to improve the way our Platforms work, for example, by ensuring that users are finding what they are looking for easily.


• Functionality cookies. These are used to recognize you when you return to our Platforms. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

• Targeting cookies. These cookies record your visit to our Platforms, the pages you have visited and the links you have followed. We will use this information to make our Platforms and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.


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 (our contact details are set out above).

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.


5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• External Third Parties as set out in the glossary below.
• Specific third parties that will provide you with a good or service.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. 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.

6. International transfers
We have employees based in China, who have access to the personal data. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it.

7. Data security

We store all data on the server we have with Digital Ocean Internet Limited (https://www.digitalocean.com/).

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized 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.


8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfill 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 unauthorized 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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us (our contact details are set out above).

By law we have to keep basic information about our customers (including Contact and Identity Data) for six years after they cease being customers for tax purposes.

In some circumstances we may anonymous your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.


9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

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.

If you wish to exercise any of the rights set out above, please contact us (our contact details are set out above).

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.


10. 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 (our contact details are set out above).

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.



11. Transfer of Business and Data Retention
In the event that our business is transferred or sold to another party, including but not limited to the sale of the business, merger, or acquisition, we may need to transfer customer data as part of the transaction. We are committed to ensuring that any transfer of personal data complies with data protection regulations and that the new data controller respects the terms of this Privacy Notice.
Data Deletion upon Request: You have the right to request the deletion of your personal data at any time, especially if you do not wish for your information to be transferred as part of the business transfer. Upon receiving such a request, we will ensure your data is securely deleted, unless we are required by law to retain it.
Notification of Data Transfer: Before the transfer of personal data to a new business owner, we will notify customers about the transaction and provide them with the option to request data deletion if they do not wish for their data to be transferred.

12. Business Transfer and Data Loss Disclaimer
In the event that our business or part of our business, including the store, is sold or transferred to another owner, there may be operational disruptions that result in the loss of certain customer orders or data during the transition. While we will make reasonable efforts to maintain the integrity of our data and services during this process, we do not guarantee that all orders or customer data will be preserved in the event of a business transfer.
No Notification of Data Loss: We are not obligated to provide individual notification regarding potential data loss during a business transfer. You acknowledge and accept that there may be unforeseen data discrepancies, including lost or incomplete orders, during such transitions.
Limitation of Liability: To the extent permitted by law, we disclaim any liability for any loss or damage arising from data loss, including lost orders, during the transfer of business ownership. You agree that we are not responsible for any direct, indirect, incidental, or consequential damages resulting from such data loss.
THIRD PARTIES

External Third Parties

• Service providers who provide IT, advertisement and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.


Last updated [11/04/2019]