- 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.
WHO WE ARE
- Frobishers is the vendor of fruit juices, cordials, sparklers and fusions. We operate this website to provide our customers with the ability to purchase from a selection of bottles so that we can deliver the boxes of 12 or 24 direct to customers. We operate our business on either a single purchase or recurring delivery basis. As such, we need certain personal information to be able to provide you with our products and to operate your account.
- Frobishes is a data controller and we are responsible for your personal data. We are bound by applicable data protection laws in respect of the handling and collection of your personal data.
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) or data relating to a corporate entity.
If you visit our website, contact us about employment opportunities or to enquire about our products and services or are a customer making contact with us via our website or by telephone or email, we may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:
- Identity Data may include first name, last name, username or similar Contact Data may include delivery address, delivery instructions, email address and telephone/mobile number.
- Financial Data may include payment cardholder details (CHD), card type, expiry date and the last 4 digits of your card number.
- Transaction Data may include details about your order history, payment instructions and payment history.
- Profile Data may include your user id and password, purchases and orders made by you, your browsing history on our website, order frequency, event history, your account details and preferences including, your dietary preferences, plus feedback and survey responses.
- Usage Data may include information about how you use our website, products and services.
- Marketing and Communications Data may include your preferences in receiving marketing from us (and our third parties who provide marketing services) and your communication preferences.
Special Categories of Personal Data. We do not generally collect any special categories of personal data about you. This includes details about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health, sex life or sexual orientation. However, we may process certain special categories of personal data when you:
- select certain preferences for your box of juices and
- include such information in your CV which you (or a third party) send to us about employment opportunities with us.
Criminal convictions and offences. We do not actively collect any information about criminal convictions and offences.
Children. Our website is not intended for children and in this respect, we do not knowingly collect data relating to children.
FAILURE TO PROVIDE PERSONAL INFORMATION
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 our products or services or open up a customer account). In this case, we may have to suspend or cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW WE COLLECT YOUR DATA
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact, Financial, Transaction, Profile, Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email, sms, social media or otherwise. This includes the personal data you provide when you:
- purchase any of our products or services
- set up (or begin to set up) a customer account with us
- make contact with our sales and support teams via email, telephone or in-person
- request marketing be sent to you
- enter a competition, promotion or survey
- email us about your interest in a job with us
- or give us some feedback.
Automated technologies or interactions. As you interact with our website we may automatically collect Technical or Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see the Cookies section.
Third parties or publicly available sources. We may receive personal data about you from various other third parties and public sources as set out below:
- Technical and Usage Data from (i) analytics providers, such as Google, or Bing, based outside the EU; (ii) advertising networks; and (iii) social medial such as Facebook, Instagram and YouTube.
- Identity and Contact Data from social media such as Facebook, Instagram and Twitter (for example when you like one of our posts or comment).
- Identity, Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU or within the US (and certified under the EU-U.S. Privacy Shield).
- Identity, Contact (and possibly Special Categories of Personal Data) from recruitment professionals who send us your CV.
HOW WE USE YOUR 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:
- Performance of Contract means processing your personal 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.
- Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product/service 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 contact us for further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities.
- Consent means where we have obtained your agreement to process your personal data. Consent must be freely given, specific, informed and be an unambiguous indication of your wishes for us to process your personal data (this may be collected by you ticking a box). Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing material to you via email, post, phone, sms, and social media. You have the right to withdraw consent to marketing at any time by contacting us. All email marketing communication allows users to unsubscribe from marketing communication with us.
- 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.
Purposes for which we will use your personal data
We have set out in the table 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. 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.
Marketing. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
To our customers:
- We may send marketing material about Frobisher's and our selected partners (including email promotions and gifts and special offers in your box) to you as a customer. We will only send marketing to people who have previously bought similar products from us or have expressed an interest in our products, and this is in our legitimate interests. We will always give you the option to opt-out of receiving this marketing when you first purchase or express an interest in our products and in every marketing communication afterwards. When we market to you we may use your Identity, Contact, Technical, Usage, Profile and Marketing and Communications Data. You may receive marketing communications from us after you have requested information from us or opened a customer account and, in each case, you have opted-in to receiving that marketing. You can withdraw your consent at any time (please see the Opting Out / Unsubscribing section below).
- Opting Out / Unsubscribing: You can ask us to stop sending you marketing messages at any time by logging into your account (if you are a customer) and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out / unsubscribe links on any marketing message sent to you or by contacting us at any time.
- Where you opt-out of receiving these marketing messages, you may still receive messages for other purposes (such as providing the products and services to you).
Duration of cookies:
Session (or Transient) Cookies Session cookies are stored in your computer's memory for the length of your browsing session. They become inaccessible after the session has been inactive for a time and are automatically deleted from your computer when the browser is closed. They allow you to move from page to page without having to log-in repeatedly.
Persistent (or Permanent) Cookies
Persistent cookies are stored in your computer memory and are not deleted when the browser is closed. They are used to keep your preferences for the website, so they will be remembered for next time you visit the website. They are also used to collect information about the numbers of visitors, the average time spent on a particular page and analyse shopping behaviour on the website. This information is used to find out how well the website works and where it can be improved.
Flash Cookies (or Locally Shared Objects)
Your device probably has Adobe Flash installed on it. Websites that contain Flash can also store small files on your computer that are used in the same way as cookies. Flash cookies can also back up the data that is stored in other cookies. When you delete cookies, your Flash cookies are not affected. So a website may still recognise you if it backed up the deleted cookie information on a Flash cookie. We use the following types of cookie:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make an online payment. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
- Performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
The list below details the cookies used by Frobisher's. We have explained who sets these cookies and their purpose. If the "Party" is not "Frobishers", these are our third-party business partners who help us to enhance your browsing experience.
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, you can contact us (please see contact form).
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.
DISCLOSURES OF YOUR PERSONAL DATA
For the purposes set out in the HOW WE USE YOUR PERSONAL DATA section we may have to share your personal data with the following parties: External Third Parties such as:
- Service providers and developers based in (and outside) the UK who provide IT and system administration (including email and payment software) services. Specialist suppliers for the packing, dispatch and delivery of our products (based in the UK).
- Professional advisers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, legal, banking, accounting insurance and services.
- HM Revenue & Customs, regulators, law enforcement bodies, police and other authorities based in the UK who require reporting of processing activities in certain circumstances (such as criminal activity, suspected or actual fraud or tax evasion).
- Marketing, development and PR agencies based in the UK to help us with development, data analysis, social media marketing and other marketing (including if you agree to a publication/article with us).
- Shopify who provide the hosting for the websites CMS and the majority of the website framework.
- Specific Third Parties such as Amazon Web Services (AWS) a cloud hosting provider, with their server-based in Europe, who provide application servers and cloud storage.
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.
INTERNATIONAL DATA TRANSFER
We do not process your personal data in any country outside the European Union (EU).
However, certain third parties (eg: payment vendors or hosting provides) are based outside of the EU, so their processing of your personal data will involve a transfer of data outside the EU.
Whenever we transfer your personal data out of the EU, 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 by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the EU-U.S. Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EU.
We have put in place appropriate security measures (including 2FA and SSL technology) 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. Payments made through our website are handled by either
- Shopify (single purchases) who are certified Level 1 PCI DSS compliant (or)
- ReCharge (subscription purchases) where details are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
How long will you use my personal data for?
- 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.
- 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.
- We will generally retain our clients' data for a period of 7 (seven) years after a contract has ended, to ensure that we are able to assist you should you have any questions or feedback in relation to our products or services or to protect, or defend our legal rights, or for tax purposes.
- Where we have processed your personal data to provide you with marketing communications with consent, we may contact you at least every 12 (twelve) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (and will be added to a "do not contact" list).
- Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services or in relation to recruitment), we will retain your data for 12 (twelve) months.
- In some circumstances you can ask us to delete your data; please see the YOUR LEGAL RIGHTS section further down this page for more information. 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.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:
- 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: (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 products or 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 directly.
- No fee usually required. 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. 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. 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.