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PRIVACY POLICY

THE INDY CELLAR 

PRIVACY AND COOKIES POLICY

Welcome to The Indy Cellar’s Privacy and Cookies Policy. 

The Indy Cellar respects your privacy and is committed to protecting your personal data. This Policy will inform you as to how we look after your personal data when you visit and use The Indy Cellar Marketplace and tell you about your privacy rights and how the law protects you. References to “we”, “us”, or “our” in this Policy mean The Indy Cellar. 

We ask that you read this Policy carefully.

This Policy is divided into the following sections:


Section 1: Privacy Policy


  • Who we are, purpose of this privacy policy, and our processing role
  • Contact details:
  • Our collection and use of your personal data
  • How we use your personal data and our lawful basis
  • Transfers of your personal data out of the UK and EEA
  • Marketing
  • Your rights
  • Keeping your personal data secure
  • How to complain
  • Changes to this Policy

Section 2: Cookies Policy


SECTION 1: PRIVACY POLICY

Who we are, purpose of this Policy and our processing role: 

The Indy Cellar Limited operates a marketplace (hereafter, the Marketplace) for sellers of alcoholic and non-alcoholic drinks to reach and sell to the Marketplace’s users and visitors. 

We are a marketplace that facilitates trade between independent sellers and customers. For more information see www.theindycellar.com/aboutus

As such, we collect and use the personal data of three categories of data subjects: 

  1. Visitors to our Marketplace; 
  2. Customers with accounts and guest accounts on the Marketplace; and 
  3. Employees and authorised representatives of the sellers who are registered to sell their goods on the Marketplace. 

Our Marketplace is not intended for use by children, and we do not knowingly collect data relating to children. If you are under the age of 18, you must not use our Marketplace.

We collect, use and are responsible for certain personal data about you. When we do so we are regulated under the UK GDPR (consisting of the UK Data Protection Act 2018, as amended and updated in light of the UK’s departure from the European Union) and the EU GDPR (the General Data Protection Regulation (EU) 2016/79, as amended from time to time), as applicable based on your location in the United Kingdom or the European Union,  and we are responsible as ‘controller’ of that personal data for the purposes of those laws.

Throughout the Marketplace, we may link to other websites owned and operated by certain trusted third parties to make additional products and services available to you, or provide external services. These other third party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other third party websites, please consult their privacy policies as appropriate.

Contact details:

If you have any questions about this Policy or our privacy or tracking practices, please contact us using the following details:

Full Name of Legal Entity: The Indy Cellar Ltd

Email Address: hello@theindycellar.com

Postal Address:23a Church Rise, London, SE23 2UD, UK

You have the right to make a complaint at any time to your local supervisory authority. If you are based in the United Kingdom, then this will be the Information Commissioner’s Office (the ICO), who is the UK regulator for data protection issues. For more information, please visit www.ico.org.uk

If you are based in the European Union, please consult the following website to find out the details of your local supervisory authority, https://edpb.europa.eu/about-edpb/board/members_en

We would, however, appreciate the chance to respond to your query and deal with your concerns before you approach a supervisory authority. 

Our collection and use of your personal data:

We collect personal data about you when you access our Marketplace, create an account with us, purchase products via our Marketplace, contact us, send us feedback, post material to our Marketplace, sell and offer products for sale on our Marketplace and complete customer surveys or participate in competitions via our Marketplace.

We collect this personal data from you either directly, such as when you create an account with us, contact us or sell or purchase products via our Marketplace or indirectly, such as your browsing activity while on our website (see Section 2 - Cookies Policy below for more information on the cookies we use).

The personal data we collect about you depends on the particular activities carried out through our Marketplace. We have put the various types of personal data into the following categories (as further specified below):

  • Identity Data
  • Contact Data
  • Financial Data
  • Transaction Data
  • Marketing and Communications Data
  • Profile Data
  • Technical Data
  • Usage Data

If you create an account (or guest account) on the Marketplace to purchase products, we collect the following personal data: 

  • your name, billing and delivery address and contact details such as email address and telephone number (Identity Data and Contact Data);
  • date of birth, in order to verify that you are allowed to purchase prohibited products such as alcohol in line with legal obligations (Identity Data);
  • transaction data such as details of any payments you make to sellers via our nominated payment provider (Transaction Data and Financial Data);
  • details of any feedback you give us by phone, email, post or via social media (Profile and Usage Data);
  • information about the services we provide to you and the products you are interested in purchasing, or have purchased (Transaction Data);
  • your account details, such as username, login details (Profile Data);
  • IP address, login data, browser type and version, operating system and platform, and device data (Technical Data);
  • usage data on how you use our Marketplace, and services (Usage Data);
  • your preferences in receiving marketing from us and your communication preferences (Marketing and Communications Data); and
  • your preferences in regards to tastes, flavours, types of drinks, contents in drinks (Profile Data).

If you are an employee or an authorised representative of a seller that is registered to sell their products via our Marketplace, we collect the following personal data: 

  • your name and email address; (Contact Data and Identity Data)
  • your role at the seller; (Profile Data)
  • place of employment; (Contact Data and Identity Data)
  • details of correspondence via phone, email, post or via communication facilities on the Marketplace (Profile Data and Usage Data);
  • your account details, such as username, login details (Profile Data);
  • IP address, login data, browser type and version, operating system and platform, and device data (Technical Data); and 
  • usage data on how you use our Marketplace, and services (Usage Data)

If you are a visitor to the Marketplace, but do not have an account or have not purchased any products via the Marketplace, we only collect the following personal data about you:


  • IP address, login data, browser type and version, operating system and platform, and device data (Technical Data); 
  • usage data on how you use our Marketplace, and services (Usage Data); and 
  • your preferences in receiving marketing from us (Marketing and Communications Data). 

We use this personal data to:

  • create and manage your account with us, both when you are a customer, or when you are an employee or representative of a seller registered to sell on the Marketplace; 
  • verify your identity;
  • provide our Marketplace services to you;
  • allow sellers to offer and sell their products to you;
  • customise our Marketplace and its content to your particular preferences and requirements;
  • notify you of any changes to our Marketplace or to our services that may affect you;
  • improve our services ;
  • present different products from our sellers to you based on your tastes and preferences

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 Marketplace 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.


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.


How we use your personal data and our lawful basis for processing your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • If you are an employee or authorised representative of a seller registered to sell on the Marketplace, or are a customer who has purchased product(s) via the Marketplace, we will process your personal data to perform the contract we are about to enter into or have entered into with you or your company; 
  • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; or
  • Where we need to comply with a legal obligation.

When we process your personal data, we are required to have a lawful basis for doing so. There are various different lawful bases on which we may rely, depending on what personal data we process and why.

Please see the below for more information on the lawful basis that we may rely on:

  • consent: where you have given us clear consent for us to process your personal data for a specific purpose
  • contract: where our use of your personal data is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
  • legal obligation: where our use of your personal data is necessary for us to comply with the law (not including contractual obligations)
  • legitimate interests: where our use of your personal data is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal data which overrides our legitimate interests)

Further information—the personal data we collect, when and how we use it

For further details on when we collect personal data, the type of data we collect as well as the lawful basis we rely on, please read the following table:

Purpose for processing your personal data

Type of data

Lawful basis for processing including basis of legitimate interest

To create an account for you as a customer on the Marketplace or as an employee or authorised representative of a seller registered to sell on the Marketplace. 

(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 and to sellers)

To manage our relationship with you which will include:

(a) Notifying you about changes to our Terms of Use or Privacy and Cookies 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)

To administer and protect our business and the Marketplace (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 Marketplace 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 as well as the business interests and marketing strategy of sellers registered to sell on the Marketplace)

To use data analytics to improve our Marketplace, 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 Marketplace 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

(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

Who we share your personal data with

If you are a customer on the Marketplace, we  share your personal data such as identity, contact and transactional data with the sellers on the website and our payments provider partner, Stripe. 

This data sharing enables sellers to ensure orders are fulfilled and products are dispatched accordingly. This also allows us to recover the sums for the products owed by you. The sellers may also share your personal data with their logistics partners for the purposes of fulfilling the orders you place and delivering the products to you at the address or location you designate in your order.

Some of these third party recipients may be based outside the United Kingdom and European Economic Area — for further information including on how we safeguard your personal data when this occurs, see ‘Transfer of your information out of the UK and EEA’ below.

We will share personal data with law enforcement or other authorities if required by applicable law.

Where we do share your data with third parties, we will always ensure that such third parties are bound by a contract setting out how they are authorised to process data on our behalf and which contains provisions regarding data security and confidentiality, as required by applicable privacy laws.

Transfer of your personal data out of the UK and EEA

We may transfer your personal data to the following which are located outside the United Kingdom (UK) and European Economic Area (EEA). Where we transfer your personal data outside of the UK and the EEA, we will only do so for the purposes mentioned in this Policy and any contract that we have entered into with you or the entity that you are representing.

Countries outside of the UK and the EEA do not have the same data protection laws as the UK and EEA. Therefore, when making such a transfer of data, we will always rely on a safeguard mechanism under the UK GDPR and/or the EU GDPR. We will only transfer your personal data to a country which the European Commission or the UK authorities have given a formal adequacy decision/regulation that confirms this third-country provides an adequate level of data protection similar to those which apply in the UK and EEA. If the third-country does not have an adequacy decision awarded to it, any transfer of your personal information will be subject to entering into the European Commission’s Standard Contractual Clauses (the SCCs) which are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal data. 

Transfers of personal data from the UK to the EEA shall be done on the basis of the adequacy regulation awarded to the European Union by the UK pursuant to the withdrawal of the UK from the European Union. Transfers of personal data from the EEA to the UK shall be done on the basis of: (a) the right to freely transfer personal pursuant to the bridge period agreed between the UK and the EU, currently set to expire four months after the withdrawal of the UK from the European Union on 31 December 2020; and (b) thereafter, either on the basis of an adequacy decision awarded by the European Commission to the UK, and notwithstanding this, by entering into the SCCs for any such transfers of personal data. 

If you would like further information please contact us using the details provided at the start of this Policy.  We will not otherwise transfer your personal data outside of the UK and the EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

Marketing

We would like to send you information about the Marketplace, our services, the products on sale and any special offers, which may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.

We will ask whether you would like us to send you marketing messages when you provide consent to such marketing, or where you have purchased products from us.  

If you have previously agreed to being contacted in this way, you can unsubscribe at any time by:

—contacting us using the detail provided at the beginning of this Policy; 

—using the ‘unsubscribe’ link in emails; or 

—updating your marketing preferences on our Marketplace within your account: [link to preference centre]

Your rights

Under the UK GDPR and the EU GDPR, you have a number of important rights free of charge. In summary, those include rights to:

  • fair processing of information and transparency over how we use your use personal data
  • access to your personal data and to certain other supplementary information that this Policy is already designed to address
  • require us to correct any mistakes in your personal data which we hold
  • require the erasure of personal data concerning you in certain situations
  • receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • object at any time to processing of personal data concerning you for direct marketing
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • object in certain other situations to our continued processing of your personal data
  • otherwise restrict our processing of your personal data in certain circumstances

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please email or write to us using the details provided at the beginning of this Policy.

We will require information from you to allow us to identify you. We will endeavour to respond to all requests with 30 days of receipt. 

Keeping your personal data secure

We have appropriate security measures in place to prevent personal data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Changes to this Policy

This Policy was published on 8/9/21 and last updated on 8/9/21

We may change this Policy from time to time, when we do we will update this Policy on the Marketplace. It is your responsibility to ensure you are always up to date of the latest policy in force.


SECTION 2: COOKIES POLICY

Please read this Cookies Policy carefully as it contains important information on how we use cookies on our Marketplace. 

Cookies

A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you visit and use our Marketplace. We use cookies on our Marketplace. These help us to recognise you and your device and store some information about your preferences or past actions. 

For example, we may monitor how many times you visit the Marketplace, which pages you go to, traffic data, location data and the originating domain name of your internet service provider. 

This information helps us to grow our business and provide more tailored content for you. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.

For further information on cookies generally, including how to control and manage them, visit the guidance on cookies published by the UK Information Commissioner’s Office, www.aboutcookies.org or www.allaboutcookies.org.

Consent to use cookies and changing settings

We will ask for your consent to place cookies or other similar technologies on your device, except where they are essential for us to provide you with a service that you have requested (e.g. to enable you to put items in your shopping basket and use our check-out process).

You can withdraw any consent to the use of cookies or manage any other cookie preferences by [insert details, eg using our privacy dashboard on the Marketplace: [insert link] OR clicking on the [insert details] icon at the bottom of any page on our site.]

Our use of cookies

The table below provides more information about the cookies we use and why:

The cookies we use

Name

Purpose

Whether cookie is essential for us to provide you with a service that you have requested and whether we will seek your consent before we place the cookie

[Describe the type of cookie, including its owner eg ‘Universal Analytics (Google)’]

[Insert cookie name(s) eg _ga, _gali, _gat, _gid]

[Insert a general description, eg: This is a web analytics service provided by Google Inc which uses cookies to show us how visitors found and explored our site, and how we can enhance their experience. It provides us with information about the behaviour of our visitors (eg how long they stayed on the site, the average number of pages viewed) and also tells us how many visitors we have had.]

This cookie collects [information in an anonymous form including: [insert] OR personal information including: [insert].]

Read [insert link to third party guidance on how the third party (eg Google or Youtube) uses the cookies and the data generated by them where relevant].

[Insert, eg [Yes, essential (we will therefore not request your consent before placing this cookie) OR No, will therefore request your consent before placing this cookie]]

[Insert details of other cookies]

[Insert details of other cookies]

[Insert details of other cookies]

[Insert details of other cookies]

Third party access to the cookies

[Insert details of any third party access to the cookies and the names of the relevant third parties or confirm there is no such third party access as appropriate. Eg ‘The cookies we use will only be accessed by us and those third parties named in the table above for the purposes referred to in this cookie policy. Those cookies will not be accessed by any other third party.’

How to turn off all cookies and consequences of doing so

If you do not want to accept any cookies, you may be able to change your browser settings so that cookies (including those which are essential to the services requested) are not accepted. If you do this, please be aware that you may lose some of the functionality of our Marketplace.

For further information about cookies and how to disable them please go to the guidance on cookies published by the UK Information Commissioner’s Office, www.aboutcookies.org or www.allaboutcookies.org.

How to contact us

Please contact us using the details provided at the beginning of this Policy if you have any questions about this cookie policy or the personal data we hold about you.