Privacy Policy

Swaine Adeney Brigg (the “Business”) is a trading name of Swaine Group Limited (the “Company”, “we”, “us”, “our”).

 

1. Important information and who we are

Purpose of this privacy notice

1.1  
At Swaine Group Limited, we are committed to protecting your privacy and security. This Privacy Policy aims to give you information on how we collect and process your personal data through the use of this website we collect from you, including any data that you may provide to us through this website when you sign up to our newsletter, create an account, purchase a product or service or take part in a competition. 

1.2  
This website is not intended for children and we do not knowingly collect data relating to children.

1.3
Please read this Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it. It is important that you read this Privacy Policy together with any other privacy policy 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 Policy supplements the other policies and is not intended to override them.

Controller

1.4
For the purposes of the Data Protection Act 2018, Swaine Group Limited (company no. 13574977) is we are the ‘data controller’ for any personal information provided to or to be collected by this website or the Business. 

1.5
We have appointed a data privacy manager (DPM) 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

1.6
Email address: enquiries@swaine.group
Postal address: Swaine Group Limited, Data Privacy Manager, 2 Stone Buildings, Lincoln's Inn, London, England, WC2A 3TH.

1.7
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 (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.

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

1.8
We keep our privacy policy under regular review, and the processing of your personal data will always be subject to the terms of the latest version on this website. This version was last updated in December 2021.

1.9
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

1.10
Our website may contain links to and from third party websites. If you follow a link to any of these websites, third parties may be able to collect or share data about you. 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.

 

2.  The data we may collect about you

2.1
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:

1. Identity Data includes first name, last name and title.
2. Contact Data includes billing address, delivery address, email address and telephone numbers.
3. Financial Data may include payment card details.
4. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
5. Technical Data may 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 this website.
6. Profile Data may include purchases or orders made by you, your interests, preferences, feedback and survey responses.
7. Usage Data may include information about how you use our website, products and services.
8. Marketing and Communications Data may include your preferences in receiving marketing from us and your communication preferences.

2.2
We may share non-personal aggregate statistics (group) data about visitors to this site, sales and traffic patterns. The information collected will also be used to help us provide further services on this site in the future. However we do not sell or share any information about you as an individual user of this site unless you agree to us doing so.

2.3
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, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

2.4
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 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?

3.1
We use different methods to collect data from and about you including through:

3.1.1
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

1. a) purchase our products or services;
2. b) create an account on our website;
3. c) subscribe to our service;
4. d) request marketing to be sent to you;
5. e) enter a competition , promotion or survey; or
6. f) give us some feedback. 

3.1.2
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. Please see our cookie policy for further details.

3.1.3
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

3.1.3.1
Technical Data from the following parties:

1. a) analytics such as Google;
2. b) advertising networks; and
3. c) search information providers.

3.1.3.2
Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

 

4.  Uses made of your information

4.1
We use information we collect about you to ensure that content from our website is presented in the most effective manner for you, to process orders and to provide a more personalised shopping experience. No information collected by us on this site will be sold, rented or loaned except as expressly stated in this Privacy Policy and consented to by you.

4.2
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:

4.2.1
To carry out our obligations arising from any contracts entered into between you and us.

4.2.2
To allow you to participate in interactive features of our website.

4.2.3
To notify you about changes to our service.

4.2.4
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.

4.2.5
Where we need to comply with a legal or regulatory obligation.

4.3
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. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

4.4
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 are where appropriate.

4.5
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/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of a contract with you
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (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 you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) (c) Your consent
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(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 advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	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 use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define 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)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	(a) Necessary for our legitimate interests (to improve our services, develop our products/services and grow our business) (b) Your consent

Marketing

4.6
We strive to provide you with choices regarding certain personal data uses particularly around marketing and advertising. 

Promotional offers from us 

4.7
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). 

4.8
If you are an existing customer, we may contact you by electronic means with information about goods and services similar to those which were the subject of a previous sale to you, if you have not opted out of receiving that marketing.

Opting out

4.9
You have the right to ask us not to process your personal data for marketing purposes at any time. You can exercise your right to prevent such processing by ticking the appropriate box on the forms we use to collect your data. If you are registered with us, you can unsubscribe to our updates and newsletter via “your account” or by clicking the “Unsubscribe” link in the footer of any Herbert Johnson Hatters email received.

4.10
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.

Cookies

4.11
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. 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 detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy [INSERT LINK TO COOKIE POLICY]| 

Change of purpose

4.12
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.

4.13
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.

4.14
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

5.1
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.

5.2
We may disclose your personal data to any member of our corporate group (which means our subsidiaries, our ultimate holding company and its subsidiaries).

5.3
We may disclose your personal data to third parties as follows:

5.3.1
If Herbert Johnson Hatters acquires, is acquired by or merges with another company. If a change happens in our business, then the new owners may use your personal data in the same way as set out in this privacy policy. This will enable you to continue your relationship with Herbert Johnson Hatters despite the change of ownership.

5.3.2
To our agents in order to provide products or services to you (including passing on your data to our delivery partners for the purposes of arranging delivery of your products).

5.4
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

6.1
The data that we collect from you may be transferred to and stored at, a destination outside the UK or European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

6.2
You should be aware that, 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 and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access (for example, we regularly backup information and our servers are configured and hardened with industry best practice network and system security procedures).

6.3
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA.

6.4
At the date of this policy the position in respect of transfers of data between the UK and EEA is constantly changing, but we will ensure that such transfers are made subject to appropriate safeguards as may be required by any applicable data protection laws from time to time. These will include the use of the above safeguards, as far as possible.

 

7.  Data security

7.1
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.

7.2
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

8.1
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.

8.2
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.

8.3
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

8.4
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.

 

9.  Your rights

9.1
Under the privacy regulations you have rights under data protection laws in relation to your personal data (See “Your Legal Rights” section below for more information):

1. a) Request access to your personal data.
2. b) Request correction of your personal data.
3. c) Request erasure of your personal data.
4. d) Object to processing of your personal data.
5. e) Request restriction of processing your personal data.
6. f) Request transfer of your personal data.
7. g) Right to withdraw consent.

9.2
If you wish to exercise any of the rights set out above, please contact us preferably by this email enquiries@swaine.group or the address listed towards the top of this policy.

No fee usually required

9.3
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

9.4
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

9.5
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

10.1

LAWFUL BASIS

10.1.1
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.

10.1.2
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.

10.1.3
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.

10.2

THIRD PARTIES

Our external Third Parties are:

10.2.1
Service providers acting as processors based in the EEA  who provide payment processing, IT and system administration services.

10.2.2
Professional advisers acting as processors or possibly joint controllers including lawyers, bankers, auditors, fraud prevention agencies and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services.

10.2.3
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

10.3

YOUR LEGAL RIGHTS

You have the right to:

10.3.1
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.

10.3.2
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.

10.3.3
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.

10.3.4
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.

10.3.5
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.

10.3.6
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.

10.3.7
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.