Version: May 2018
WHO WE ARE
YOUR PERSONAL DATA
Information You Provide to Us
You will provide some or all of the following information to us when you purchase goods from our website, register a customer account with us, use one of our Apps, contact us, or sign up for newsletters, take an eye exam or take part in other marketing activities, either in one of our shops or online:
- Your Identity and Contact Details -includes your name, email address, home postal address, delivery address (if different), and your contact telephone numbers;
- Your Payment Details - your bank details and payment card details, however your payment transactions will be encrypted by the acquiring bank so we will not retain any payment card details submitted by you;
- Your Profile Data - if you register a customer account, this includes the profile you create to identify yourself when connecting to our website and Apps (including your username and password) and other data about purchases and your personal preferences; and
- Additional Personal Details - At your option, you can also provide additional personal information to us such as your date of birth, gender, hobbies and interests. This additional information would only be collected and stored by us for the purpose of analysing sales to help us understand and improve our business and for the purpose of any direct marketing which you may have expressly given your consent to.
- Insurance Information – We collect insurance information for the purposes of direct billing to insurers should you wish to us to claim on your behalf.
- Communications – We collect texts of communications between yourself and Us in the course our live chat service, social media profiles and email. These communications are monitored and stored for the protection of you and our staff and to highlight training opportunities or trends.
- Klarna - In order to be able to offer you Klarna’s payment options, if you choose to use Klarna as a payment option we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
Please Note: It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us. If we are providing you with health services, we may have legal obligations to collect some of this data.
SPECIAL CATEGORY DATA
Bailey Nelson takes the privacy of your health information really seriously. We have to collect several different pieces of health data in order to deliver our services to you (assuming you’re buying prescription glasses, contact lenses or getting an optical health service rather than just buying some stylin’ sunnies). Those pieces of health data may include, without limitation, spectacle and contact lens prescription data, retinal images, and medical history information. We use this information only for the purposes for which you’ve provided it and consented for it to be used. That will be in connection with the processing and delivery of your order, the conducting of eye exams and the maintenance of your eye health. You have the right to withdraw your consent to our use of this health data, as explained in further detail below, but we ask you to be mindful of the fact that health legislation means we may have to keep certain pieces of information to fulfil our legal duties.
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, we cannot dispense glasses to you without a prescription). 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.
Information We Collect When You Use Our Website or Our Apps
As you interact with our website and Apps, we also automatically collect usage and technical data (described below) about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
Usage Data - includes details of products and services you have purchased from us, and information about how you use our website and our Apps;
Technical Data - includes:
- your Internet protocol (IP) address, 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;
- information about your visit, including the full Uniform Resource Locators (URL) to, through and from our website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, mobile applications traffic data, weblogs and other communication data ;
- if you use a mobile device to access our website or one of our Apps, the type of mobile device you use, a unique device identifier (for example, your device’s ID, MAC address of the device’s wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone settings);
WHAT WE USE YOUR PERSONAL DATA FOR
Data protection law in the UK allows us to collect, use, store and transfer personal information if we have one or more of the following purposes for doing so:
- To fulfill a contract with you; or
- Where necessary, to comply with a legal or regulatory obligation; or
- Where necessary, for our legitimate interests (or those of a third party) provided your interests and fundamental rights do not override these interests); or
- For other reasons where you have expressly consented to those purposes such as exam recall or direct marketing.
Below are the ways we will use your personal data to fulfill your contract and/or for our legitimate interests:
- Processing your order, including taking payment, supplying product and any after sales services such as cancellations and returns;
- identify verification and credit checking;
- maintaining your eye health;
- keeping you updated on the progress of your order, we will usually communicate with you about your order by email, but we or our couriers may also contact you by phone or sms service;
- where you have registered with us, processing and administering your account;
- processing information required for competition, promotion or survey entries by you;
- allowing you to participate in interactive features of our service if you choose to do so;
- analysing sales to help us understand and improve our business;
- administration, analysis and assessment of our website and Apps and their performance, to understand and develop our business and for the improvement and optimisation of our website and any Apps; and
- as part of our efforts to keep our website and our Apps safe and secure.
We need your consent for direct marketing communications. If you have expressly given your consent to receive direct marketing from us, whether via our website, Apps or in store, we may use the information you have given us for:
- delivering direct marketing, advertising and updates from us to you, such as telling you about forthcoming events, products, services and offers and updates and information about us;
- measuring and understanding the effectiveness of advertising we serve to you and others; and
- making suggestions and recommendations to you and other users of our website and our Apps about goods or services that may interest you or them.
You can opt out of direct marketing or change your preferences at any time. For further information on how to do this, just click “unsubscribe” in the footer of any our direct marketing communications. If you are unable to do so for any reason, please contact firstname.lastname@example.org and we will assist.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic, track some user behaviour, and personalise the content of the Site for you. You may set up your computer to reject all or some cookies although, in that case, you may not be able to use certain features on the Site.
You can also select the cookies that you would like to receive, as we need your consent to collect certain types of cookie. You can indicate or withdraw consent right here.
WHO WE SHARE YOUR PERSONAL DATA WITH
We may share your information within the Bailey Nelson group of companies and with our selected third parties for the purposes referred to above. For example, we may share it with:
- Payment Acquiring Services to process your payment;
- Delivery, Warehouse and Courier Companies to supply your order;
- Lens Laboratories to create lenses just for you;
- Point of sale service providers to process orders;
- Credit Reference & Fraud Prevention Agencies for credit checking and identity verification;
- Analytics, marketing and search engine providers that assist us in the improvement and optimisation of our website and Apps;
- Klarna, where you choose to use their payment service;
- Health professionals, where you have engaged their services;
- Build and hosting service providers that help us to maintain the software that runs our website and our Apps. They provide us with reporting statistics, and serve cookies on our behalf to enable any website or Apps personalisation and sign-in functionality.
- Where you opted in to direct marketing, third party advertisers, affiliate marketing agencies and advertising networks engaged by us to select and serve relevant communications to you on our behalf.
We require all third parties engaged by us to respect the security of your personal data and to treat it in accordance with the law. Such third parties are only allowed to process your personal data in accordance with our instructions, and not for their own purposes.
OPTING OUT OF MARKETING UPDATES
If you no longer wish to receive direct marketing and updates from Bailey Nelson you can unsubscribe at any time by clicking on the link in the footer of the email. Alternatively, you can give us a call at +44 20 3875 5287 or email email@example.com.
SECURITY OF YOUR PERSONAL DATA
Our website and Apps have appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. All information you provide to us is stored on secure servers. We have also put in place procedures to deal with any suspected personal data breach.
Where you have chosen a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We encourage you to choose an effective, secure password and not to share your password with anyone.
OUTSIDE EEA - DATA STORAGE & TRANSFER
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”) to work with members of the Bailey Nelson international group (that is, all companies that are lawfully licensed by us to use the “Bailey Nelson” name, including Ben Buckler Pty Ltd (AU), Bailey Nelson Inc (CA), Bailey Nelson New Zealand Ltd (NZ)) and third parties who we use to help us carry out the purposes referred to above or to comply with a legal duty.
Whenever we transfer your personal data out of the EEA, we will make sure an adequate level of protection is afforded to it by using one of the following safeguards:
- We may transfer your personal data to countries that have privacy laws which give the same level of protection for personal data as the EEA;
- We may use contract clauses with recipients which mean they must protect your personal data with the same level of protection as it has in the EEA;
HOW LONG WE KEEP YOUR PERSONAL DATA
We will keep your data for as long as you are a customer and thereafter we may keep it for longer in order to respond to any questions or complaints and to maintain necessary records to satisfy legal, accounting or reporting requirements. We may also keep your data for research or statistical purposes.
You have the right to object to our use of your personal information, or to ask us to delete, remove or stop using it if there is no need for us to keep it. Please let us know if you think we should not be using it, but please be aware that there may be legal or other official reasons why we need to keep or use your information.
Your rights under data protection laws in relation to your personal data are briefly summarised below, and you can exercise these rights by emailing us at firstname.lastname@example.org or by writing to us at 29 Henrietta St, London WC2E 8NA Tel: +44 20 3875 5287. We like to think we’re a modern company, so we prefer communications via email, but it’s up to you.
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. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which we will tell you about, if applicable, after receiving 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.
Request restriction of processing of your personal data. You can 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. Please 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 if we are relying on your consent to process your personal data (such as direct marketing and cookies). This won’t affect any processing already carried out before you withdraw your consent or processing under other grounds. If you withdraw your consent, be aware we may not be able to provide certain products or services to you.
It is also important to note that we may have legal obligations to retain health data that may override privacy legislation. If this is the case, we will inform you of the data that we have deleted and the data that we have retained.
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 will not charge a fee to access your personal data and we respond to all requests within 30 days.
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). However, we’d really appreciate the chance to deal with any concerns you may have before you approach the ICO so please contact us in the first instance.