- detail the types of personal data that we collect.
- explain how and why we collect and use personal data.
- explain when and why we share personal data within the Group and with other organisations.
- explain your rights and choices in relation to your personal data.
What’s Included in this Policy?
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW IS YOUR PERSONAL DATA COLLECTED
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
- COOKIES EXPLAINED
01. Important information and who we are
- This website is not intended for children and we do not knowingly collect data relating to children.
- You have the right to make a complaint at any time to the Office of the Data Protection Commission ("ODPC"), the Irish supervisory authority for data protection issues at firstname.lastname@example.org. We would, however, appreciate the chance to deal with your concerns before you approach the ODPC so please contact us in the first instance.
1.4 Changes to your personal data
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.
1.5 Third-party links
02. The data we collect about you
2.1 Types of Data
- 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, username or similar identifier, title and date of birth.
- Contact Data includes billing address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of reservations or other offers you have purchased from us.
- Technical Data includes internet protocol (IP) address and your login data.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
- 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.
2.2 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 sell something that you wish to purchase). In this case, we may have to cancel a purchase you want to make with us but we will notify you if this is the case at the time.
03. How is your personal data collected?
We use different methonds to collect data from and about you including through:
3.1 Direct interactions.
You may give us your Identity, Contact and Financial Data filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
- make a purchase online or in-store;
- create an account on our website;
- join our loyalty programme;
- request marketing to be sent to you;
- enter a competition, promotion or survey;
- apply for a job with us;
- give us some feedback; or
- submit a query.
3.2 Automated technologies or interactions.
3.3 Third parties or publicly available sources.
We may receive personal data about you from various third parties as set out below:
- Technical Data from the following parties:
- analytics providers such as Google Analytics;
- advertising networks such as Google Adwords and Facebook;
- search information providers such as Google and Fact Finder; and
- personalisation providers such as Nosto
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Realex and Paypal.
04. How we use your personal data
4.1 Lawful basis
- 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 contract we are about to enter into or have entered into with you;
- 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 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 at email@example.com.
4.2 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 at firstname.lastname@example.org 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 lefitimate interest|
|To register you as a new customer either online or in-store||
|performance of a contract with you|
To process your purchase in-store:
|performance of a contract with you|
To process and deliver your orders:
e) Marketing and Communications
|performance of a contract with you|
|To manage our relationship with you which will include:
b) asking you to complete a survey
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 and services and develop our offerings)
|To enable you to partake ina prize draw or competition||a) Identity
e) Marketing and Communications
|a) performance of a contract with you
b) necessary for our legitimate interests (to offer additional features to our customers)
|To administer and protecty our businesses and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||a) Identity
|a) necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the contect of a business reorganisation or group restructuring excercise)
b) necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you on our website, third party websites and social media channels, and measure or understand the effectiveness of the advertising we serve to you||a) Identity
e) Marketing and Communications
|necessary for our legitimate interests (to study how customers use our products and services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, offers, marketing, customer relationships and experiences||a) Technical
|necessary for our legitimate interests (to define types of customers for our various offerings, 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 offers that may be of interest to you||a) Identity
|necessary for our lefitimate interests (to develop our products and services and grow our business)
4.3 General Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms set out in paragraphs 4.4 – 4.8.
4.4 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, received a product or service from us, or if you provided us with your details and you have not opted out of receiving that marketing.
4.5 Third-Party Merketing
We will get your express opt-in consent before we share your personal data with any company outside of the Horkans Group for marketing purposes. In general, we do not share personal data with any third party company for any purposes other than service provision.
4.6 Opting out
- You can ask us to stop sending you marketing messages at any time by contacting us at email@example.com at any time. This does not apply to purchase confirmations or communications in relation to specific queries from you.
- Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of a product or service.
4.8 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 at firstname.lastname@example.org.
- 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.
05. Disclosure 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:
- Internal Third Parties;
- External Third Parties;
5.2 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.
06. Internal transfers
6.1 We do not transfer your personal data outside the European Economic Area (EEA).
07. 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 supervisory authority or other regulator of a breach where we are legally required to do so.
08. 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 and other legal purposes. In addition, we will retain this information for a further year in order to properly fulfill any requests that are made towards the end of the six year period.
8.4 In some circumstances you can ask us to delete your data: see below for further information.
8.5 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.
09. Your legal rights
9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
9.2 If you wish to exercise any of the rights set out above, please contact us at email@example.com.
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.
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.
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.
10.1 Lawful Basis
- Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best offering 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 at firstname.lastname@example.org.
- 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.
10.2 Third Parties
- Internal Third Parties
Other companies in the Horkans Group based in the EEA that provide IT and system administration services and marketing services to the Horkans Group and who operate the loyalty scheme in conjunction with us.
- External Third Parties
- service providers based in the EEA who provide IT and system administration services;
- professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services; and
- the Revenue Commissioners, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.
11. Your Legal Rights
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 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 a compelling legitimate ground to process your information which overrides 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 offerings to you. We will advise you if this is the case at the time you withdraw your consent.
12. Cookies Explained
What Are Cookies?
What Do Cookies Do
Cookies store information that help you shop online. For example, cookies remember items you placed in your shopping basket – without them, you wouldn't be able to place your order with us. Some cookies collect information about browsing and purchasing behaviour when you access this website via the same computer or device. This includes information about pages viewed, products purchased and the customer journey around a website. In addition, cookies let us improve and personalise content displayed to you.
Some cookies (known as session cookies) are removed when you close your browser. Other cookies remain on your computer longer. These cookies (known as persistent cookies) allow us to remember you when you return to shop with us again. Persistent cookies store information in between visits, such as your preferred settings. They help us display relevant information to you based on previous visits.
The Cookies We Use
In order to comply with EU legislation, we have listed each of the main categories of cookies below. The cookies in use are:
Strictly Necessary Cookies
These cookies are necessary to enable the site's basic operation. No prior consent is required for these. These cookies are essential to the operation of our online store. If you disable these cookies, you will not be able to buy items online.
These cookies collect visitor information such as browser usage, pages visited and error messages received. The data collected by these cookies is anonymous and aggregated. This information is used to help us to diagnose problems and to fix any issues we find. It helps us improve our website for you.
Functionality cookies remember choices that you make. These choices could include changing the text size or the language in use on the website. Collecting this data means you won't need to select this information again. We will remember your preferences.
Targeting or Advertising Cookies
Third party cookies
Some of our business partners may set cookies on our website, these include Google, Celebros, Nosto, etc.
If you want to disable cookies you need to change your website browser settings to reject cookies. How to do this will depend on the browser you use and we provide further detail below on how to disable cookies for the most popular browsers:
For Google Chrome
- Go to "Tools" menu and click "Options"
- Click on "Under the Hood"
- Select "Cookie Setting" and select "Block all Cookies"
For Microsoft Internet Explorer
- Choose the menu "Tools" then "Internet Options"
- Click on the "Privacy" tab
- Select the appropriate setting
For Mozilla Firefox
- Choose the menu "Tools" then "Options"
- Click on the icon "Privacy"
- Find the menu "Cookie" and select the relevant options
- Choose the menu "Files" then "Preferences"
- In "Privacy" select the relevant options
For Mobile Devices
- Information on managing cookies in iOS (Apple iPhone, iPad, iPod Touch)
- Information on managing cookies for Android devices (Samsung, Nokia, etc.)
- Information on managing cookies on Windows Phone
What happens if I disable cookies?
This depends on which cookies you disable, but in general the site may not operate properly if cookies are switched off. If you only disable 3rd party cookies you will not be prevented from making purchases on this site. If you disable all cookies you will be unable to complete a purchase on this site.
Want to find out more about cookies?
Last updated on 9th May 2018