PRIVACY POLICY

SECTION 1: ABOUT US

Pick Your Own Limited is the controller and responsible for your personal data.

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Full name of legal entity: Pick Your Own Limited

Email address: info@pyopickyourown.com

Postal address: 70 Mark Lane, Fenchurch Street, EC3R 7HS

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator 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.

SECTION 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 (anonymous data).

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

• Identity Data: Includes first name, last name and individual username or similar identifier.
• Account Data: Includes your password, username and your preferences, feedback and survey responses.
• Contact Data: Includes your home address, work address, billing address, email address and telephone numbers.
• Financial Data: Includes bank account and payment card details and details relating to fees charged to or paid by you.
• Technical Data: Includes internet protocol address, login data, browser type and version, time zone setting, browser plug-in types and versions, and operating system and other technology you use to access our Platform.
• Usage Data: Includes information about how and when you use our services and the Platform.
• Marketing and Communications Data: Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Location Data: Includes your device and/or browser location, your location, and any additional location data stored within your Google account if you link this to the Platform.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform 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 Policy.

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 our relationship with you.

SECTION 3: HOW YOUR PERSONAL DATA IS COLLECTED

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

• Direct Interactions: You may give us your personal data when you:
  
  • Subscribe to use our services on the Platform; 
  • Make payments to us;
  • Enquire about our services or otherwise correspond with us by post, phone, email, or otherwise;
  • Give us feedback or respond to a survey or questionnaire.
• Automated Technologies or Interactions: As you interact with the Platform, we will automatically collect Technical, Location, and Usage Data. We collect this personal data by using cookies and other similar technologies (see Section 7 'Cookies').
• Third Parties or Publicly Available Sources: We will receive Technical Data about you from various third parties based both inside the UK and outside the UK, such as analytics providers like Google and social media platforms such as Facebook, Instagram, and Twitter.

SECTION 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, 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 access to the Platform). In this case, we may have to cancel a service or account you have with us, but we will notify you if this is the case at the time.

SECTION 5: HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to and we are required by law to have a lawful basis for processing personal data. In particular, at least one of the following must apply whenever we process personal data:

• Performance of Contract: We will process your personal data where we need to in order to perform the contract we are about to enter into or have entered into with you.
• Legitimate Interests: We will process your personal data 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. “Legitimate Interests” means our interest in conducting and managing our business to enable us to give you the best service and the 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).
• Legal Obligations: We will process your personal data where it is necessary for compliance with a legal obligation in the UK or EU that we are subject to.
• Vital Interest: We will process your personal data where it is necessary to protect someone’s life.
• Public Task: We will process your personal data where it is necessary to perform a task in the public interest and the task has a clear basis in law.
• Consent: Generally, we will not rely on consent as a legal basis for processing your personal data, although we will get your consent before collecting or processing any special category data (for example, data relating to race, ethnicity, political, religious or philosophical beliefs, trade union membership, health data and/or sexual orientation). You have the right to withdraw consent at any time by contacting us.

Special Category Personal Data

We do not collect any “Special Category 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.

SECTION 6: PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

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 lawful 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 basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful basis we are relying on to process your personal data.

SECTION 7: COOKIES

Please see our Cookie Policy for further details on our use of 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 the Platform may become inaccessible or not function properly.

SECTION 8: 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.

SECTION 9: DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes explained in Sections 5 and 6 above:

• Third parties for the purpose of providing the services to you via the Platform. For example, payment processing providers.
• Our affiliates and/or companies within the group.
• 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 policy.

SECTION 10: INTERNATIONAL TRANSFERS

Whenever we transfer your personal data out of the UK to countries which have laws that do not provide the same level of data protection as the UK law, we always ensure that a similar degree of protection is afforded to it by ensuring that our arrangements have a legal basis or, if necessary, an appropriate safeguard is in place to protect your personal data during and after the transfer.

SECTION 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.

SECTION 12: DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. Please note that we may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other 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. In some circumstances you can ask us to delete your data: see Section 13 ‘Your Legal Rights’ below for further information.

In some circumstances we will 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.

SECTION 13: YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. We have summarised these below. For more information, please see the ICO website here: https://ico.org.uk/your-data- matters/.

• 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 your personal data. 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. You can 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 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 transfer of your personal data. 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.
• Right to withdraw consent. You can 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 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. We try to respond to all legitimate requests within one month. Occasionally it could 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.

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 could 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.

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