Fresh Pop respects your privacy and is committed to protecting your personal data. This privacy notice will provide you information about how we look after your personal data when you visit our website: www.freshpopuk.com (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website, when you contact us, when you purchase our products, or where we are providing you with a product or service.
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 personal data.
THE PERSONAL DATA WE COLLECT
Personal data means any information about an individual from which that person can be identified. 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, title, date of birth and gender.
• Contact Data includes address (home, postal or other physical address), email address and telephone numbers.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Profile Data includes, in relation to your website account, your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• 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 our website.
• Usage Data includes information about how you use our website, products and services.
Personal data does not include data where your identity has been removed or which not associated with or linked to your personal data (anonymous data).
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.
Please note that 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 products or services that you request). In this case, we may have to cancel a service you have requested but we will notify you if this is the case at the time.
HOW WE COLLECT PERSONAL DATA
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, by corresponding with us by post, phone, email, via our website, social media accounts or otherwise, or when you enter into a contract with us for the purchase of our goods.
• 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. Further information in relation to the cookies which we use can be found below.
• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services we utilise such as PayPal, Klarna Bank AB (“Klarna”) and Amazon Pay based inside the EU,
-Contact, Financial and Transaction Data from our e-commerce and channel partners who engage with digital platforms and marketplaces on our behalf such as eBay.
-Transaction Data from our warehouse, logistics and administration providers,
- Identity and Contact Data from publicly availably sources such as the Electoral Register based inside the EU and/or social media sites based inside or outside the EU.
The purposes for which we use personal data
We will only use your personal data when the law allows us to. We may collect and process the personal data about you for the following purposes:
Website account - when you sign up for an account on our website, we will need your Identity and Contact Data so that we can identify you as an account holder in accordance with out legitimate interests. You will also be asked to create Profile Data including a username and password. Your account will also hold details of previous purchases or orders made by you (Transaction Data), and any preferences that you set for your account (Marketing and Communications Data) so that we can provide you with the best possible shopping experience which is in accordance with our legitimate interests. This information may also be used to provide you with information about our products which we feel may be of interest to you together with our newsletter in accordance with our legitimate interests of promoting our products and keeping you informed of our news.
Ordering our products and service - we will use your Identity, Contact and Transaction Data in order to register you as a customer and to process and deliver products and services to you, including the management of payments, fees and charges. This is necessary for the purpose of performing our contract with you.
Contacting us - when you contact us with an enquiry or to request information (including brochures and other hard copy materials), we will use your Identity and Contact Data to respond to you in accordance with our legitimate interests
Marketing - We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a preference centre within your account where you can view and make certain decisions about your personal data use.
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).
You will receive marketing communications from us if you have requested information from us or purchased goods or services 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.
We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you or by contacting us at any time.
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 purchase, warranty registration, product/service experience or other transactions.
Fresh Pop does not and will not sell personal information about our customers ever.
Surveys – If you choose to complete a survey that we use for research purposes we will retain the information that you provide in response to that survey. This is necessary for our legitimate interest in understanding our customers and developing our business and to informing our marketing strategy.
Administration - we may use your Identity, Contact and Technical Data for the purpose of protecting our business and our website, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data. This is necessary for our legitimate interest in for running our business, the provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise, and for compliance with our legal obligations.
Website Analytics - as you navigate our website, Technical and Usage Data may be collected automatically. We do this to find out things such as the number of visitors to the various parts of the website, and to help us to improve the content of the website and to customise the content or layout of the website for you, in accordance with our legitimate interests. This is necessary for our legitimate interest in defining types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy.
Fault reporting - if you contact us to report a fault with our website, we will use the Identity and Contact Data provided for the purposes of rectifying that fault in accordance with our legitimate interests.
Cookies help us to assess how you use our website and also how we can improve our website. This means we have the information we need to regularly evaluate whether our website really meets your needs. Some of the cookies we use improve the functionality of our website, so if you choose to disable cookies on your browser, you might find that you can't access some aspects of our website, or that parts of the website don't function in the way that you might expect them to.
What Are Cookies?
A cookie is a small file of letters and numbers that we put on your computer if you agree. Cookies allow us to recognise that you have visited our website before and remember your preferences.
Cookies can help us to remember your website login so that you don't need to type it into the website every time you return, or to remember the goods that you have clicked to purchase on one page so that they are added to your basket.
Cookies also help us to collect information about the way you use our website which helps us to ensure any advertising that you see is relevant and useful to you.
Types of Cookies Placed
The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Fresh Pop uses both types of cookies. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted. We use the following types of cookies on our website.
• Strictly necessary cookies. These cookies are essential for you to browse our website and use its features. Without these cookies, services like shopping baskets cannot be provided.
• Performance cookies. These cookies collect information about how you use our websites. This data may be used to help optimise our website and make it easier for you to navigate.
• Functional cookies. These cookies allow our websites to remember choices you make while browsing and personalise your experience. We may store your geographic location in a cookie for instance, to ensure that we show you the website relevant to your area.
• Third Party cookies. Third party cookies are those placed by websites and/or parties other than Fresh Pop. These cookies may be used on our website to improve our products or services or to help us provide more relevant advertising. These cookies are subject to the respective privacy policies for these external services, for example, Facebook Data Use Policy.
• Analytics cookies. We use analytics cookies, like those offered by Google Analytics, to help us understand things like how long a visitor stays on our website, what pages they find most useful, and how they arrived at Fresh Pop. To learn more about Google Analytics and your data, visit this Google webpage.
How to control Cookie settings
Most web browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may impair your overall user experience, as it will no longer be personalised to you. Some browsers offer a “Do Not Track” (“DNT”) signal where you can indicate your preference regarding tracking and cross-site tracking. Although we do not currently employ technology that recognises DNT signals, we will only process your personal data in accordance with this Statement. Below you can learn about how to control cookie settings on popular web browsers:
• Google Chrome
• Internet explorer
In addition to cookies, we sometimes use small graphic images known as 'pixels' (also known as web beacons, clear GIFs, or pixel tags). We use pixels in our email communications to you (if you have selected to receive such communications) to help us to understand whether our email communication has been viewed. We also use third party pixels (such as those from Google, Facebook, and other advertising networks) to help us provide advertising that is relevant to your interests.
We are committed to ensuring that your personal data is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal data we collect. In addition, the access to and use of the personal data that we collect is restricted to our employees who need the personal data to perform a specific job role or activity. Where personal data is shared with third parties in line with this privacy notice responsible measures are used to protect your personal data.
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.
The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
We will only retain your 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.
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.
Details of retention periods for different aspects of your personal data are available in our data retention policy which you can request from us by contacting us.
In some circumstances we may anonymise 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.
You have the right to:
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 that 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 that we hold about you corrected, although we may need to verify the accuracy of the new personal data that 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 personal data unlawfully or where we are required to erase your personal data to comply with local law. Please 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 personal data 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. You can ask us to stop sending you marketing messages at any time by following the “unsubscribe” (or similar) links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply communications relating to a purchase, product/service experience or other transaction.
If you wish to exercise any of your above rights, please send a written request to us at the address listed at the end of this privacy notice, addressed for the attention of the data privacy manager.
You will not have to pay a fee to access your personal data or to exercise any of your 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.
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 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.
ACCEPTABLE USE POLICY
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You Also Agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES AND MODERATION
We may from time to time provide interactive services on our site, including, without limitation, chat rooms and bulletin / message boards ("interactive services").
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Further, unless otherwise expressly specified, all of the interactive services provided on our site are not moderated. We will not be responsible as author, editor or publisher of any contributions (as defined below) submitted to any of our interactive services and we expressly exclude our liability for any loss or damage arising from the use of the interactive services by any person in contravention of this policy. We reserve the right to promptly remove, or to disable access to, any contributions which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
USE OF INTERACTIVE SERVICES BY MINORS
The use of any of the interactive services provided on our site (from time to time and if any) by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any interactive services that it is important that they communicate with their children about their safety online. Minors who are using interactive services should be made aware of the potential risks to them, the fact that moderation (if any) is not fool proof and of their obligation to comply with this acceptable use policy when using interactive services.
We will do our best to assess any possible risks to minors from third parties when they use interactive services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
By submitting any contributions to any interactive services, you agree to grant us a non-exclusive licence to use those contributions. Although you will still own the copyright in your contributions, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contributions. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your contributions in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with our content standards above, you must ensure that your contributions do not infringe any copyright, database right or trade mark of any other person. By submitting your contributions to our interactive services, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, please do not submit the contributions to the interactive services.
If you wish to complain about any contribution posted to any of the interactive services provided on our site, please contact us at email@example.com. We will then review the contribution and decide whether it complies with this acceptable use policy. We will deal with any contribution which, in our opinion, violates this acceptable use policy as described above (see section "suspension and termination”. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.