Data Controller: the entity which is responsible for determining when, why and how to Process Personal Data and for establishing practices and policies in line with applicable data protection law.
Personal Data: any information which identifies an individual or information relating to an individual who can be identified (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. For example, Personal Data can include your name and date of birth. However, Personal Data does not include anonymous data or data that has had the identity of an individual permanently removed.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.
Special Categories of Personal Data: any data which reveals details about sensitive issues such as an individual’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health or genetic and biometric data.
Supervisory Authority: the independent public authority responsible for monitoring the application of relevant data protection law. Calleija has chosen the UK Information Commissioner’s Office (ICO) as its Supervisory Authority.
3 IMPORTANT INFORMATION AND WHO WE ARE
Identity of Data Controller
Calleija is the Data Controller of all Personal Data relating to our clients, employees and third party individual contacts, as well as any other Personal Data used in our business for our own commercial purposes.
Calleija has one subsidiary, Calleija Limited which, together with Calleija itself, is collectively referred to as the Group.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK Supervisory Authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Your duty to inform us of changes
It is important that the Personal Data we hold about you is accurate and up-to-date. It is your obligation to keep us informed if your Personal Data changes during your relationship with us.
4 THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together follows:
· Identity Data includes first name, middle name, last name, maiden name, username or similar identifier, marital status, title, date of birth and gender.
· Contact Data includes billing address, home address (if different), email address and telephone numbers.
· Financial Data includes bank account and payment card details.
· Transaction Data includes details about payments from you, your purchase history and other details of services you have purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, data about your 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.
· Security Data includes closed circuit television recordings within our stores for safety and security purposes.
· Profile Data includes purchases made by you, your interests, service preferences, feedback and survey responses.
· Usage Data includes information about how you use this website and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and third parties (i.e. any external partners) and your preferences when receiving communications.
· Job Application Data, where you apply for a job with us, this includes your CV, work history, educational details and the role applied for.
When you visit this website, we may also collect, use, store and share aggregated, anonymised statistical or demographic data (Aggregated Data). Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as it cannot directly or indirectly reveal your identity.
Aggregated Data may include the time and length of your visit to this website, the pages you have visited on this website, as well as details of the website you visited immediately prior to visiting this website. We may also record the name of your internet service provider. We use this information only to measure site activity and to develop ideas for improving our services.
Special Categories of Personal Data
We do not routinely collect any Special Categories of Personal Data about you, nor do we collect any information about criminal convictions and offences. If we need to process any such data for a particular purpose we will explain this to you at the time and will gain your consent to such processing.
Personal Data relating to minors
We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
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. In these circumstances, we have the right to cancel or refuse to accept your purchases, but we will notify you if this is the case at the time.
5 HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
· Direct interactions. You (or an agent acting on your behalf) may give us your Personal Data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide to us when you:
· purchase a piece of jewellery or arrange any other service with us;
· visit our stores;
· attend any events we host;
· subscribe to our newsletter;
· enter a promotion or survey;
· give us feedback; or
· apply for a job with us by email or via the site.
· Third parties or publicly available sources. We may receive Personal Data about you from various third parties and public sources as set out below:
o Analytics providers such as Google based outside the European Economic Area (EEA);
(i) advertising networks; and
(ii) search information providers.
o Contact, Financial and Transaction Data from providers of technical or payment services.
o Identity and Contact Data from data brokers or aggregators.
6 HOW WE USE YOUR PERSONAL DATA
We will only use your Personal Data as permitted by law. Most commonly, we will rely on the following types of lawful basis to process your Personal Data:
· Legitimate Interests: the interests of Calleija in conducting and managing our business in order to give you the highest standard of service and the best and most secure shopping 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 express consent or are otherwise required or permitted to do so 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.
· Performance of Contract: processing your Personal Data is necessary for the performance of the contract of carriage 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: processing your Personal Data may be necessary for compliance with a legal or regulatory obligation to which we are subject.
· Consent: in certain circumstances, we may ask for your express consent to collect, process or transfer your Personal Data, for example in relation to opting in to receiving our newsletter or other direct marketing. You have the right to withdraw your consent at any time simply by contacting us.
Purposes for which we will use your Personal Data
We have set out below, in a table format, a description of all the ways we will use your Personal Data, and which types of legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.
We may process your Personal Data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific lawful basis we are relying upon to process your Personal Data where more than one basis has been set out in the table below.
To register you as a new client
Type of data
Lawful basis for processing including basis of legitimate interest
Necessary for our legitimate interests (for running our business)
To provide you with information, products or services that you request from us
Necessary for our legitimate interests (for running our business)
To carry out our obligations arising from any contracts entered into between you and us, including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
To enable you to partake in a prize draw or competition
To use data analytics to improve our website, services, marketing, relationships and ensure that content from our site is presented in the most effective manner for you and for your computer
To make suggestions and recommendations to you about products and services that may be of interest to you
To process your job applications
(d) Marketing and Communications
(e) Marketing and Communications
(c) Job Application
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
(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, to study how clients use our services and to enable us to offer better services to you in the future)
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how clients use our services, to develop them and grow our business)
(a) Necessary for our legitimate interests (to define types of clients for our services, to keep this website updated and relevant, to develop our business and to inform our marketing strategy)
(b) Necessary for our legitimate interests (for running our business, provision of administration and IT services and network security, and to prevent fraud)
Necessary for our legitimate interests (to develop our services, grow our business and offer more suitable services to you in the future)
(c) Necessary to comply with a legal obligation
Necessary for our legitimate interest to recruit new employees or contractors
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.
If we need to use your Personal Data for an unrelated purpose, we will notify you to explain the legal basis which allows us to do so or, where required by law, to seek your consent.
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising.
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 services and offers may be relevant for you (we call this “marketing”).
The “soft opt-in”
You will continue to receive marketing communications from us if you have previously purchased pieces of jewellery from us, purchased other services from us, or if you have requested information from us in connection with a potential purchase, unless you have opted out of receiving future marketing communications.
We will request your express consent before we share your Personal Data with any company outside the Group for marketing purposes.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
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.
8 DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your Personal Data for the purposes set out in the table in section 6 with the following parties:
· Other companies in the Group and branches acting as joint controllers or processors.
· Service providers acting as processors who provide IT and system administration services to Calleija.
· Service providers assisting with order fulfilment or otherwise providing support acting as processors.
· Professional advisers acting as processors or joint controllers including lawyers, bankers, consultants, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
· Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
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.
9 INTERNATIONAL TRANSFERS
We will share your Personal Data within the Group. As our head office is based in Australia, it will be necessary to transfer any Personal Data collected in the EEA outside of the EEA.
We ensure your Personal Data is protected by requiring all of our Group companies and branches to follow the same rules when processing your Personal Data.
Many of our external third parties are based outside the EEA so their processing of your Personal Data will involve a transfer of data outside the EEA.
Whenever we transfer your Personal Data to third parties which are based outside the EEA, we ensure a similar degree of protection is afforded to the data by ensuring at least one of the following safeguards is implemented:
· Certain non-EEA countries to which we will transfer your Personal Data have already been deemed by the European Commission to provide an adequate level of protection. For further details, see European Commission: Adequacy of the protection of Personal Data in non-EU countries.
· Where we use third party service providers based in the US, we may transfer data to them if they are covered by the EU-US Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
· Where we use certain third party service providers which are not based in the EEA or the US, we may use specific contracts approved by the European Commission which give your Personal Data the same protection it has in Europe.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
10 DATA SECURITY
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.
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.
11 DATA RETENTION
How long we retain your Personal Data
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which we collected it, 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.
You can find out more details of retention periods for different aspects of your Personal Data by contacting us.
In some circumstances you can ask us to delete your data: see Request erasure in section 12 below for further information. In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you and you can no longer be identified by it) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
12 YOUR LEGAL RIGHTS
Under certain circumstances, you have the following rights under data protection laws in relation to your Personal Data:
· 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 (and you will always be able to opt-out via the “unsubscribe” link on an email from us). 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 situations: (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 because 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 information which was originally collected electronically and which you either consented to us using or was used 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 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.
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 (taking into account the administrative costs of providing the information) if we consider your request to be unfounded, repetitive or excessive. Alternatively, in these circumstances, we may refuse to comply with your request but we will provide you with a full explanation of this at the time.
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 will respond to all legitimate requests within one calendar month. If your request is particularly complex, or you have made a number of requests, it may take us longer up to three calendar months to respond, but we will notify you of this and keep you updated.
The EEA is composed of the 28 EU Member States plus Norway, Iceland and Lichtenstein.