Privacy

Affirmative consent requirements


Overview

We are a company registered in UK, Spain, Belgium, Italy, Germany, France.
Maintaining the security of your data is a priority and we are committed to respecting your privacy rights. We pledge to handle your data fairly and legally at all times. We are dedicated to being transparent about what data we collect about you and how we use it.
This policy provides you with information about
– how we use your data;
– what personal data we collect;
– how we ensure your privacy is maintained; and
– your legal rights relating to your personal data.

 

How we use your data


General

We, and trusted partners acting on our behalf, use your personal data:
– to provide goods and services to you;
– to make a tailored website available to you;
– to manage any registered account(s) that you hold with us;
– to verify your identity;
– for crime and fraud prevention, detection and related purposes;
– with your agreement, to contact you electronically about promotional offers and products and services which we think may interest you;
– for market research purposes – to better understand your needs;
– to enable us to manage customer service interactions with you; and
– where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute).


Promotional communications

We use your personal data for electronic marketing purposes (with your consent) and may send you postal mail to update you on the latest offers. 
We aim to update you about products & services which are of interest and relevance to you as an individual. 
You have the right to opt out of receiving promotional communications at any time, by:
1. changing marketing preferences via your account;
2. making use of the simple “unsubscribe” link in emails or the “STOP” number for texts; and/or
3. contacting us via the contact channels set out in this Policy.


Web Banner Advertising

If you visit our websites, you may receive banner advertisements while browsing other websites. Any banner advertisements you see will relate to products you have viewed browsing our websites on your computer or other devices. 
These advertisements are provided using ‘cookies’ placed on your computer or other devices (see further information on the use of cookies in our Cookie Policy). You can remove or disable cookies at any time .
Sharing data with third parties
Our service providers and suppliers
In order to make certain services available to you, we may need to share your personal data with some of our service partners. These may include but not be limited to IT, delivery and marketing service providers.
We only allow service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which means they can only use your data to provide services to us and to you, and for no other purposes.


Other third parties

Aside from our service providers, we will not disclose your personal data to any third party, except as set out below. We will never sell or rent our customer data to other organizations for marketing purposes.
We may share your data with:
– our carefully selected partners who provide branded products and services if we have your consent to do so;
– credit reference agencies and payment card issuers (such as Visa, Mastercard and American Express) where necessary for card payments;
– governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so: –
– to comply with our legal obligations;
– to exercise our legal rights (for example in court cases);
– for the prevention, detection, investigation of crime or prosecution of offenders; and
– for the protection of our employees and customers.


International transfers

If you are in the European Economic Area, to deliver products and services to you, it is sometimes necessary to share your data outside of the EEA. This will typically occur when service providers are located outside the EEA or if you are based outside the EEA. These transfers are subject to special rules under data protection laws.
If this happens, we will ensure that the transfer will be compliant with data protection law and all personal data will be secure. Our standard practice is to use ‘standard data protection clauses’ which have been approved by the European Commission for such transfers. 
How long do we keep your data?
We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 6 years.


What personal data do we collect?

We may collect the following information about you:
– your name, age/date of birth and gender;
– your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and e-mail address;
– purchases and orders made by you;
– your on-line browsing activities on our websites;
– your password(s);
– when you make a purchase or place an order with us, your payment card details;
– your communication and marketing preferences;
– your interests, preferences, feedback and survey responses;
– your location;
– your correspondence and communications with us; and
– other publicly available personal data, including any which you have shared via a public platform (such as a Twitter feed or public Facebook page).
Our websites are not intended for children and we do not knowingly collect data relating to children.
This list is not exhaustive and, in specific instances, we may need to collect additional data for the purposes set out in this Policy. Some of the above personal data is collected directly, for example when you set up an on-line account on our websites or send an email to our customer services team. Other personal data is collected indirectly, for example your browsing or shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.
We also receive personal data from trusted third parties who provide services to our customers of purchases made using your M&S payment cards, which we use to analyze customer behavior and improve our tailored marketing.


How we protect your data


Our controls

We are committed to keeping your personal data safe and secure. 
Our security measures include: –
– encryption of data;
– regular cyber security assessments of all service providers who may handle your personal data;
– regular scenario planning and crisis management exercises to ensure we are ready to respond to cyber security attacks and data security incidents;
– daily penetration testing of systems;
– security controls which protect the entire IT infrastructure from external attack and unauthorized access; and
– internal policies setting out our data security approach and training for employees.


What you can do to help protect your data

We will never ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from M&S asking you to do so, please ignore it and do not respond.
If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.
In addition, we recommend that you take the following security measures to enhance your online safety both in relation to us and more generally: –
– keep your account passwords private. Remember, anybody who knows your password may access your account.
– when creating a password, use at least 8 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this accessing your account, clicking ‘your account’, clicking ‘your data’ and selecting ‘change password’.
– avoid using the same password for multiple online accounts.


Your rights

You have the following rights:
– the right to ask for a copy of personal data that we hold about you (the right of access);
– the right (in certain circumstances) to request that we delete personal data held on you; where we no longer have any legal reason to retain it (the right of erasure or to be forgotten);
– the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you (the right of rectification);
– the right to opt out of any marketing communications that we may send you and to object to us using / holding your personal data if we have no legitimate reasons to do so (the right to object);
– the right (in certain circumstances) to ask us to ‘restrict processing of data’; which means that we would need to secure and retain the data for your benefit but not otherwise use it (the right to restrict processing); and
– the right (in certain circumstances) to ask us to supply you with some of the personal data we hold about you in a structured machine-readable format and/or to provide a copy of the data in such a format to another organization (the right to data portability).
If you wish to exercise any of the above rights, please contact us using the contact details set out below.


Legal basis for processing customer personal data


General

We collect and use customers’ personal data because it is necessary for:
● the pursuit of our legitimate interests (as set out below);
● the purposes of complying with our duties and exercising our rights under a contract for the sale of goods to a customer; or
● complying with our legal obligations.

In general, we only rely on consent as a legal basis for processing personal data in relation to sending direct marketing communications to customers via email or text message.
Customers have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.


Our legitimate interests

The normal legal basis for processing customer data, is that it is necessary for our legitimate interests , include:
● selling and supplying goods and services to our customers;
● protecting customers, employees and other individuals and maintaining their safety, health and welfare;
● promoting, marketing and advertising our products and services;
● sending promotional communications which are relevant and tailored to individual customers;
● understanding our customers’ behavior, activities, preferences, and needs;
● improving existing products and services and developing new products and services;
● complying with our legal and regulatory obligations;
● preventing, investigating and detecting crime, fraud or anti-social behavior and prosecuting offenders, including working with law enforcement agencies;
● handling customer contacts, queries, complaints or disputes;
● managing insurance claims by customers;
● protecting our company, its employees and customers, by taking appropriate legal action against third parties who have committed criminal acts or are in breach of legal obligations to us;
● effectively handling any legal claims or regulatory enforcement actions taken against us and
● fulfilling our duties to our customers, colleagues, shareholders and other stakeholders.


Data protection officer

We have appointed a Data Protection Officer to ensure we protect the personal data of our customers (and others) and comply with data protection legislation.
If you have any questions about how we use your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact our Data Protection Officer’s team by
– phone: +1 917-942-9420
– e-mail: dpo@ashleyblackguru.com or
– write to: Data Protection Officer, 3201 N Frazier St, Conroe, TX 77303
You have the right to lodge a complaint with the Information Commissioner’s Office. Further information, including contact details, is available at https://ico.org.uk [this will change based on countries].


Updates

This policy was last updated December 2018