This Policy is provided in a layered format so you can click through to the specific areas set out below.
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED?
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
Important information and who we are
Purpose of this Policy
This Policy aims to give you information on how Lucy & Yak collects and processes your personal data through your use of this website, which is hosted by Shopify, including any data you may provide through this website when you purchase a product, open an account with us, sign up to our newsletters or take part in a competition or engage with us via social media.
This website is not intended for children and we do not knowingly collect data relating to children.
We have appointed a Data Privacy Manager who is responsible for overseeing questions in relation to this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
We keep our Policy under regular review. This version was last updated in November 2021.
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).
- Identity Data includes first name, maiden name, last name, account username or similar identifier, marital status, title, date of birth and gender, social media accounts.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes potentially bank account and payment card details, although all payments made via to us via the website are via third party payment providers and we do not have access to the payment details you submit to them.
- Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
- 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 this website.
- 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, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We may also anonymise web traffic and transaction data for statistical purposes, and consequently we may share anonymised data with third parties.
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
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). 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.
How is your personal data collected?
- 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, social media or otherwise. This includes personal data you provide when you:
- purchase or request our products;
- create an account on our website;
- subscribe to our services, publications or events;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us directly or via social media.
- Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
- analytics providers such as Google and Facebook based outside the UK;
- advertising networks and platforms such as Shopify, Pinterest, Instagram, Snapchat, TikTok, Twitter, YouTube and Wish List based outside the UK; and
- search information providers based such as Google outside the UK.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Shopify, Pinterest, Instagram, Snapchat, Twitter, YouTube, Wishlist and Klarna based inside and outside the UK.
- Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.
How we use 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:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- 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.
- Where we need to comply with a legal obligation.
Generally we do not rely on consent as a legal basis for processing your personal data, except for marketing, and we will get your consent before sending third party 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.
Disclosures of your personal data
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Specific third parties for purposes listed in the table (Purposes for which we will use your personal data) such as Shopify, Klarna, Klaviyo, Loyalty Lion, Glew, Gorgeous, JudgeMe, Mention Me, and Mailchimp.
- 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 Policy.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data, such as those within the European Union or which the UK government has approved as adequate. For further details, see Information Commissioner’s Office.
- Where we use certain service providers, we may use specific contracts including Data Processing Agreements (DPAs) and Standard Contractual Clauses (SCCs) approved for use in the UK which give personal data the same protection it has in the UK. For further details, see Information Commissioner’s Office.
Your legal rights
External Third Parties
- Service providers acting as sub-processors based in the UK, the European Union or elsewhere who provide IT, system administration, processing and fulfilment services (such as ShipStation, Shipster, Patchworks and PeopleVox).
- Professional advisers including lawyers, bankers, auditors and insurers based in the UK or European Union who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities in the United Kingdom who require reporting of processing activities in certain circumstances.
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 compelling legitimate grounds to process your information 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:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- 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.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.