1.
Introduction
1.1 We are
committed to safeguarding the privacy of our website
visitors and service users.
1.2 This
policy applies where we are acting as a data controller
with respect to the personal data of our website
visitors and service users; in other words, where we
determine the purposes and means of the processing of
that personal data.
1.3 We use
cookies on our website. Insofar as those cookies are not
strictly necessary for the provision of our website and
services, we will ask you to consent to our use of
cookies when you first visit our website.
1.4 In this
policy, "we", "us" and "our" refer to SMS Food
Equipment. For more information about us, see Section
12.
2. How we
use your personal data
2.1 In this
Section 2 we have set out:
(a) the
general categories of personal data that we may process;
(b) in the
case of personal data that we did not obtain directly
from you, the source and specific categories of that
data;
(c) the
purposes for which we may process personal data; and
(d) the
legal bases of the processing.
2.2 We may
process data about your use of our website and services
("usage data"). The usage data may include your
IP address, geographical location, browser type and
version, operating system, referral source, length of
visit, page views and website navigation paths, as well
as information about the timing, frequency and pattern
of your service use. The source of the usage data is
Google Analytics. This usage data may be processed for
the purposes of analysing the use of the website and
services. The legal basis for this processing is
consent.
2.3 We may
process your account data ("account data"). The
account data may include your name and email address.
The account data may be processed for the purposes of
operating our website and providing our services. The
legal basis for this processing is our legitimate
interests, namely the proper administration of our
website and business.
2.4 We may
process your personal data that are provided in the
course of the use of our services ("service data").
The service data may include your name, address,
telephone number, bank account details. The service data
may be processed for the purposes of operating our
website, providing our services, and communicating with
you. The legal basis for this processing is our
legitimate interests, namely the proper administration
of our website and business.
2.5 We may
process information contained in any enquiry you submit
to us regarding goods and/or services ("enquiry data").
The enquiry data may be processed for the purposes of
offering, marketing and selling relevant goods and/or
services to you. The legal basis for this processing is
consent.
2.6 We may
process information relating to transactions, including
purchases of goods and services, that you enter into
with us and/or through our website ("transaction data").
The transaction data may include your contact details,
your card details and the transaction details. The
transaction data may be processed for the purpose of
supplying the purchased goods and services and keeping
proper records of those transactions. The legal basis
for this processing is the performance of a contract
between you and us and/or taking steps, at your request,
to enter into such a contract and our legitimate
interests, namely the proper administration of our
website and business.
2.7 We may
process information that you provide to us for the
purpose of subscribing to our email notifications and/or
newsletters ("notification data"). The
notification data may be processed for the purposes of
sending you the relevant notifications and/or
newsletters. The legal basis for this processing is
consent.
2.8 We may
process information contained in or relating to any
communication that you send to us ("correspondence
data"). The correspondence data may include the
communication content and metadata associated with the
communication. Our website will generate the metadata
associated with communications made using the website
contact forms. The correspondence data may be processed
for the purposes of communicating with you and
record-keeping. The legal basis for this processing is
our legitimate interests, namely the proper
administration of our website and business and
communications with users.
2.9 We may
process any of your personal data identified in this
policy where necessary for the establishment, exercise
or defence of legal claims, whether in court proceedings
or in an administrative or out-of-court procedure. The
legal basis for this processing is our legitimate
interests, namely the protection and assertion of our
legal rights, your legal rights and the legal rights of
others.
2.10 We may
process any of your personal data identified in this
policy where necessary for the purposes of obtaining or
maintaining insurance coverage, managing risks, or
obtaining professional advice. The legal basis for this
processing is our legitimate interests, namely the
proper protection of our business against risks.
2.11 In
addition to the specific purposes for which we may
process your personal data set out in this Section 2, we
may also process any of your personal data where such
processing is necessary for compliance with a legal
obligation to which we are subject, or in order to
protect your vital interests or the vital interests of
another natural person.
3.
Providing your personal data to others
3.1 We may
disclose your personal data to our insurers and/or
professional advisers insofar as reasonably necessary
for the purposes of obtaining or maintaining insurance
coverage, managing risks, obtaining professional advice,
or the establishment, exercise or defence of legal
claims, whether in court proceedings or in an
administrative or out-of-court procedure.
3.2 We may
disclose name, address, telephone number, order details
to our suppliers or subcontractors insofar as reasonably
necessary for the purposes of processing our
legitimate interests, namely the proper administration
of our website and business.
3.3
Financial transactions relating to our website and
services are handled by our payment services providers,
Worldpay, Romancart, Magento and Paypal. We will
share transaction data with our payment services
providers only to the extent necessary for the purposes
of processing your payments, refunding such payments and
dealing with complaints and queries relating to such
payments and refunds. You can find information about the
payment services providers' privacy policies and
practices at:
Worldpay
-
https://www.worldpay.com/uk/worldpay-privacy-notice
Roman
Cart -
https://www.romancart.com/locale/privacy.htm
Magento
-
https://magento.com/legal/terms/privacy
Paypal
-
https://www.paypal.com/uk/webapps/mpp/ua/privacy-prev
3.4 In
addition to the specific disclosures of personal data
set out in this Section 3, we may disclose your personal
data where such disclosure is necessary for compliance
with a legal obligation to which we are subject, or in
order to protect your vital interests or the vital
interests of another natural person. We may also
disclose your personal data where such disclosure is
necessary for the establishment, exercise or defence of
legal claims, whether in court proceedings or in an
administrative or out-of-court procedure.
4.
International transfers of your personal data
4.1 In this
Section 4, we provide information about the
circumstances in which your personal data may be
transferred to countries outside the European Economic
Area (EEA). Currently no information is sent outside of
the EEA.
4.2 The
website is hosted by Bytehouse and their hosting
facilities are situated within The European Economic
Area (EEA) and are therefore covered by GDPR
Legislation. The Bytehouse Privacy Policy can be found
at:
https://www.bytehouse.co.uk/privacy-policy/
5.
Retaining and deleting personal data
5.1 This
Section 5 sets out our data retention policies and
procedure, which are designed to help ensure that we
comply with our legal obligations in relation to the
retention and deletion of personal data.
5.2 Personal
data that we process for any purpose or purposes shall
not be kept for longer than is necessary for that
purpose or those purposes and will be securely disposed
of thereafter.
5.3
Notwithstanding the other provisions of this Section 5,
we may retain your personal data where such retention is
necessary for compliance with a legal obligation to
which we are subject, or in order to protect your vital
interests or the vital interests of another natural
person.
6.
Amendments
6.1 We may
update this policy from time to time by publishing a new
version on our website.
6.2 You
should check this page occasionally to ensure you are
happy with any changes to this policy.
6.3 We will
notify you of significant changes to this policy by
email.
7. Your
rights
7.1 In this
Section 7, we have summarised the rights that you have
under data protection law. Some of the rights are
complex, and not all of the details have been included
in our summaries. Accordingly, you should read the
relevant laws and guidance from the regulatory
authorities for a full explanation of these rights.
7.2 Your
principal rights under data protection law are:
(a) the
right to access;
(b) the
right to rectification;
(c) the
right to erasure;
(d) the
right to restrict processing;
(e) the
right to object to processing;
(f) the
right to data portability;
(g) the
right to complain to a supervisory authority; and
(h) the
right to withdraw consent.
7.3 You have
the right to confirmation as to whether or not we
process your personal data and, where we do, access to
the personal data, together with certain additional
information. That additional information includes
details of the purposes of the processing, the
categories of personal data concerned and the recipients
of the personal data. Providing the rights and freedoms
of others are not affected, we will supply to you a copy
of your personal data. The first copy will be provided
free of charge, but additional copies may be subject to
a reasonable fee.
7.4 You have
the right to have any inaccurate personal data about you
rectified and, taking into account the purposes of the
processing, to have any incomplete personal data about
you completed.
7.5 In some
circumstances you have the right to the erasure of your
personal data without undue delay. Those circumstances
include: the personal data are no longer necessary in
relation to the purposes for which they were collected
or otherwise processed; you withdraw consent to
consent-based processing; you object to the processing
under certain rules of applicable data protection law;
the processing is for direct marketing purposes; and the
personal data have been unlawfully processed. However,
there are exclusions of the right to erasure. The
general exclusions include where processing is
necessary: for exercising the right of freedom of
expression and information; for compliance with a legal
obligation; or for the establishment, exercise or
defence of legal claims.
7.6 In some
circumstances you have the right to restrict the
processing of your personal data. Those circumstances
are: you contest the accuracy of the personal data;
processing is unlawful but you oppose erasure; we no
longer need the personal data for the purposes of our
processing, but you require personal data for the
establishment, exercise or defence of legal claims; and
you have objected to processing, pending the
verification of that objection. Where processing has
been restricted on this basis, we may continue to store
your personal data. However, we will only otherwise
process it: with your consent; for the establishment,
exercise or defence of legal claims; for the protection
of the rights of another natural or legal person; or for
reasons of important public interest.
7.7 You have
the right to object to our processing of your personal
data on grounds relating to your particular situation,
but only to the extent that the legal basis for the
processing is that the processing is necessary for: the
performance of a task carried out in the public interest
or in the exercise of any official authority vested in
us; or the purposes of the legitimate interests pursued
by us or by a third party. If you make such an
objection, we will cease to process the personal
information unless we can demonstrate compelling
legitimate grounds for the processing which override
your interests, rights and freedoms, or the processing
is for the establishment, exercise or defence of legal
claims.
7.8 You have
the right to object to our processing of your personal
data for direct marketing purposes (including profiling
for direct marketing purposes). If you make such an
objection, we will cease to process your personal data
for this purpose.
7.9 You have
the right to object to our processing of your personal
data for scientific or historical research purposes or
statistical purposes on grounds relating to your
particular situation, unless the processing is necessary
for the performance of a task carried out for reasons of
public interest.
7.10 To the
extent that the legal basis for our processing of your
personal data is:
(a) consent;
or
(b) that the
processing is necessary for the performance of a
contract to which you are party or in order to take
steps at your request prior to entering into a contract,
and such
processing is carried out by automated means, you have
the right to receive your personal data from us in a
structured, commonly used and machine-readable format.
However, this right does not apply where it would
adversely affect the rights and freedoms of others.
7.11 If you
consider that our processing of your personal
information infringes data protection laws, you have a
legal right to lodge a complaint with a supervisory
authority responsible for data protection. You may do so
in the EU member state of your habitual residence, your
place of work or the place of the alleged infringement.
7.12 To the
extent that the legal basis for our processing of your
personal information is consent, you have the right to
withdraw that consent at any time. Withdrawal will not
affect the lawfulness of processing before the
withdrawal.
7.13 You may
exercise any of your rights in relation to your personal
data by written notice to us.
8. About
cookies
8.1 A cookie
is a file containing an identifier (a string of letters
and numbers) that is sent by a web server to a web
browser and is stored by the browser. The identifier is
then sent back to the server each time the browser
requests a page from the server.
8.2 Cookies
may be either "persistent" cookies or "session" cookies:
a persistent cookie will be stored by a web browser and
will remain valid until its set expiry date, unless
deleted by the user before the expiry date; a session
cookie, on the other hand, will expire at the end of the
user session, when the web browser is closed.
8.3 Cookies
do not typically contain any information that personally
identifies a user, but personal information that we
store about you may be linked to the information stored
in and obtained from cookies.
9.
Cookies that we use
9.1 We use
cookies for the following purposes:
(a)
Authentication - we use cookies to identify you when you
visit our website, as you navigate our website and to
identify you when you return.
(b)
Transactional - cookies are also used as part of the
online shopping process, to track what you have in your
shopping cart.
(c) Analysis
- we use cookies to help us to analyse the use and
performance of our website and services
10.
Cookies used by our service providers
10.1 Our
service providers, Worldpay, Romancart, Magento and
Paypal, use cookies and those cookies may be stored
on your computer when you visit our website. Worldpay,
Romancart, Magento and Paypal use standard
cookies which are essential for the shopping cart and
some website functions to work correctly. The legal
basis for this use is the legitimate business interests
of our service providers, namely the proper
administration of the website and business. These
cookies enable services you have specifically asked for.
10.2
Worldpay may also use other cookies. See
https://www.worldpay.com/uk/worldpay-cookies for
full details of the Worldpay Cookie Policy.
10.3 Magento
may also set cookies relating to account information,
including name, email, password, newsletter preferences,
addresses for billing and shipping and order
information. For full details on how Magento use
cookies, see their privacy policy
https://magento.com/legal/terms/privacy
10.4 Paypal
may also use other cookies. See
https://www.paypal.com/uk/webapps/mpp/ua/cookie-full
for full details of the Paypal Cookie Policy.
10.5 We use
Google Analytics to analyse the use of our website.
Google Analytics gathers information about website use
by means of cookies. The information gathered relating
to our website is used to create reports about the use
of our website. Information relating to Google’s use of
cookies is available at:
https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage
11.
Managing cookies
11.1 Most
browsers allow you to refuse to accept cookies and to
delete cookies. The methods for doing so vary from
browser to browser, and from version to version. You can
however obtain up-to-date information about blocking and
deleting cookies via these links:
(a)
https://support.google.com/chrome/answer/95647?hl=en
(Chrome);
(b)
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
(Firefox);
(c)
http://www.opera.com/help/tutorials/security/cookies/
(Opera);
(d)
https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
(Internet Explorer);
(e)
https://support.apple.com/kb/PH21411
(Safari); and
(f)
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
(Edge).
11.2
Blocking all cookies will have a negative impact upon
the usability of many websites.
11.3 If you
block cookies, you will not be able to use all the
features on our website.
12. Our
details
12.1 This
website is owned and operated by SMS Food Equipment.
12.2 We are
registered in England and Wales under VAT registration
number 332148092, and our registered office is at PO Box
152, Macclesfield, Cheshire. SK10 4LX
12.3 Our
principal place of business is Macclesfield, Cheshire.
12.4 You can
contact us:
(a) By post,
to the postal address given above;
(b) By using
our website contact form;
(c) By
telephone, on the contact number published on our
website;
(d) By
email, using the email address published on our website;