This Policy applies as between you, the User of this Web Site and Bottletop Creative Ltd, the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.
- Our website is not intended for children and we do not knowingly collect data relating to children.
- Bottletop Creative Ltd is the controller and responsible for your personal data.
- By email to: firstname.lastname@example.org with the subject line ‘DPM Query’
- You have the right to make a complaint at any time to the ICO (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.
- It is important that the data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
- The data we collect about you
- We may collect, use, store and transfer the types of personal data about you listed in Part 1of Schedule 1.
- We also collect, use and share aggregated data. However, if we combine aggregated data with your personal data so that it can directly or indirectly identify you, we treat this as your personal data.
- We do not collect any special categories of personal data[or any information about criminal convictions and offences.
- If we are required by law, or under the terms of a contract we have with you, to collect your personal data and you fail to provide it, we may not be able to enter into perform the contract with you and, we may have to cancel a product or service. We will notify you of this at the relevant time.
- How personal data is collected
We collect personal data in the following ways:
you may provide personal data when you complete online forms, request products/services, subscribe to our services, create a user account, join our mailing list, or otherwise or correspond with us by post, phone or email.
|automated technology||we automatically collect personal data (technical and usage) when you browse or interact with our website, by using cookies, server logs, and other similar technologies. We may also receive technical data about you if you visit other websites which use our cookies.|
|publicly available sources||we may collect personal data from publicly availably sources such as Companies House and the Electoral Register and credit reference agencies, based inside the EU..|
|third parties||we may receive personal data from: (a) analytics providers based outside the EU (such as Google); (b) advertising networks based inside OR outside the EU; and (c) search information providers (d) our suppliers such as payment providers, delivery services, website support and maintenance providers.|
- How we use your personal data
- We will only use your personal data when the law allows us to. Most commonly, we will use your personal data:
- To perform the contract, we are to enter into or have entered into with you;
- To comply with a legal obligation; and
- Where it is necessary to carry out our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Part 2of Schedule 1sets out the lawful basis we will rely on to process your personal data.
- We do generally only rely on consent as a legal basis for processing your personal data to send email and SMS marketing communications and you have the right to withdraw your consent at any time by contactingus. Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your
- We may analyse your personal data to form a view on what products and or services we think may be of interest to you. You will only receive marketing communications from us, if you have requested information from us or purchased services from us, if you consent to marketing at the time we collect your personal data and you have not subsequently opted out or withdrawn your consent or if we have another basis to send you the marketing communications.
- We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
- You can opt out of email marketing by clicking the unsubscribe button within the marketing email. You can also withdraw your consent to marketing at any time by contacting our DPM.
- Even if you opt out of receiving marketing,we may still use your personal data for other purposes provided we have a lawful basis to do so.
- We will only use your personal data for the purpose that we originally collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
- 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 use your personal data in this manner.
- We may process your personal data (without your knowledge or consent) where this is required or permitted by law.
- Disclosure of your personal data
- We may have to share your personal data with third parties further details of which are set out in Part 4of Schedule 1. 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. They can only process your personal data for specified purposes and in accordance with our instructions.
- International transfers
- Whenever we transfer your personal data out of the EEA, 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.
- We use specific contracts approved by the European Commission which give personal data the same protection it has in Europe with our services providers;
- We may transfer data to US based service providers under the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
- Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.
- 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. We also limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know and they can only process your personal data on our instructions and will be subject to a duty of confidentiality.
- We have procedures in place 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.
- Data retention
- 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.
- Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us. However, we are legally required to keep basic information about our customers (including contact, identity, financial and transaction data) for six years after they cease being customers, for tax purposes.
- We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. We can use anonymised information indefinitely without further notice to you.
- Your legal rights
- You have certain rights in certain circumstances under data protection law. These are set out in full in Part 3of Schedule 1. If you wish to exercise any of your rights, please contact our DPM.
- You will not have to pay a fee to exercise any of your rights. However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee for this information or refuse to comply with your request.
- We may request specific information from you to help us confirm your identity when you contact us and ensure. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
- 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.
Part 1: Types of personal data
|billing address, delivery address, email address and telephone number|
|financial data||bank account and payment card details|
|identity data||first name, maiden name, last name, username or similar identifier, [marital status, title, date of birth and gender]|
|marketing and communication data||your preferences in receiving marketing from us and our third parties and your communication preferences|
|profile data||your username and password, purchase or orders made by you, preferences, feedback [and survey responses]|
|technical data||internet protocol (IP) address, your login data, 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 our website|
|transaction data||details about payments to and from you and other details of products and services you have purchased from us|
Part 2: Lawful basis for processing and processing activities
The lawful basis upon which we may rely on to process your personal data are:
|Consent||you have given your express consent for us to process your personal data for a specific purpose|
|Contract||the processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you|
|legal obligation||the processing is necessary for us to comply with legal or regulatory obligation.|
|legitimate interests||the processing is necessary for our or a third party’s legitimate interest e.g. in order for us to provide the best service to you via our website. Before we process your personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest|
Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this.
|Purpose/Activity||Type of data||Lawful basis for processing|
|to register you as a new customer||identity & contact||to perform our contract with you|
|to process and deliver your order, manage payments, fees and charges and debt recovery||identity, contact, financial, transaction and marketing & communications||(i) to perform our contract with you;
(ii) as necessary for our legitimate interest in recovering debts due to us.
(ii) as necessary to comply with a legal obligation
(iii) as necessary for our legitimate interests in keeping our records updated and analysing how customers use our products/services.
|to administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||identity, contact & technical||(i) as necessary for our legitimate interests in running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise
(ii) as necessary to comply with any legal obligations
|to deliver relevant website content/advertisements to you and measure or understand the effectiveness of our advertising||identity, contact, profile, usage, marketing & communications & technical||as necessary for our legitimate interests in studying how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy|
|to use data analytics to improve our website, products/services, marketing, customer relationships and experiences||technical & usage||as necessary for our legitimate interests to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy|
|to make suggestions and recommendations to you about goods or services that may be of interest to you, including promotional offers||identity, contact, technical, usage & profile||as necessary for our legitimate interests to develop our products/services and grow our business|
Part 3: Your legal rights
You have the following legal rights in relation to your personal data:
|access your data||you can ask for access to and a copy of your personal data and can check we are lawfully processing it|
|correction||you can ask us to correct any incomplete or inaccurate personal data we hold about you|
|erasure||you can ask us to delete or remove your personal data where:
(a) there is no good reason for us continuing to process it;
(b) you have successfully exercised your right to object (see below);
(c) we may have processed your information unlawfully; or
(d) we are required to erase your personal data to comply with local law.
(e) We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request
|object||you can object to the processing of your personal data where:
(a) where we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if you feel it impacts on your fundamental rights and freedoms;
(b) where we are processing your personal data for direct marketing purposes.
(c) in some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms, and, in such circumstances, we can continue to process your persona data for such purposes
|restrict processing||you can ask us to us to suspend or restrict the processing of your personal data, if:
(a) you want us to establish the accuracy of your personal data;
(b) our use of your personal data is unlawful, but you do not want us to erase it;
(c) you need us to hold your personal data (where 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 personal data, but we need to verify whether we have overriding legitimate grounds to use it
|request a transfer||you can request a transfer of your personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contact with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format|
|withdraw your consent||you can withdraw your consent at any time (where we are relying on consent to process your personal data). This does not affect the lawfulness of any processing carried out before you withdraw your consent|
Part 4: Third Parties
|service providers||acting as processors or controllers based in the EEA but also around the world who provide [details] services and IT and system administration services.|
|professional advisors||[acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services|
|HM Revenue & Customs, regulators and other authorities||[acting as processors or joint controllers] based in the EEA who require reporting of processing activities in certain circumstances|
|[others?]||[e.g. market researchers, fraud prevention agencies]|
Part 5: Glossary
|aggregated data||information such as statistical or demographic data which may be derived from personal data, but which cannot by itself identify a data subject|
|controller||a body that determines the purposes and means of processing personal data|
|data subject||an individual living person identified by personal data (which will generally be you)|
|personal data||information identifying a data subject from that data alone or with other data we may hold but it does not include anonymised or aggregated data|
|processor||a body that is responsible for processing personal data on behalf of a controller|
|special categories of personal data||information about race, ethnicity political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life, sexual orientation.|
|ICO||Information Commissioner’s Office, the UK’s supervisory authority for data protection issues|
- Changes to this Policy
- Before the Web Site sets Cookies on your computer, you will be presented with a messagge requesting your consent to set those Cookies. None of the Cookies set by the Web Site jeopardise your privacy in any way and no personal data is collected. By giving your consent to the setting of our Cookies you are enabling us to provide the best possible experience and service to you through our Web Site. If you wish to deny your consent to the placing of Cookies, certain features of the Web Site may not function fully or as intended.
- Certain features of the Web Site depend upon Cookies to function and are deemed, within the law, to be strictly necessary. These Cookies are detailed in Schedule 2A. You will not be asked for your consent to place these Cookies however you may still disable cookies via your web browser’s settings, as set out in sub-Clause 11.4.
- You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
- You may delete Cookies at any time however you may lose any information that enables you to access the Web Site more quickly.
- The Web Site may use third-party Cookies detailed in Schedule 3 for the purposes described therein. These Cookies are not integral to the services provided by the Web Site to you and may be blocked at your choosing via your internet browser’s privacy settings or via your response to the request for consent detailed in sub-Clause 11.2.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your browser if you are unsure as to how to adjust your privacy settings.
Bottletop Creative Ltd Disclosure
- Bottletop Creative Ltd makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.
- No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
- No part of this website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this website and product and / or service details are provided for information purposes only.
- Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Bottletop Creative Ltd correspond to the actual products and / or services, Bottletop Creative Ltd is not responsible for any variations from these descriptions.
- Bottletop Creative Ltd does not represent or warrant that such products and / or services will be available from us or our premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our premises.
- All pricing information on the website is correct at the time of going online. Bottletop Creative Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
Bottletop Creative Ltd Terms & Conditions
This agreement applies as between you, the User of this Web Site and Bottletop Creative Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Bottletop Creative Ltd”||means Bottletop Creative Ltd, Registered Office: 71-75 Shelton St, Covent Garden, London, WC2H 9JQ · Company No: 11994372;|
|“Service”||means collectively any online facilities, tools, services or information that Bottletop Creative Ltd makes available through the Web Site either now or in the future;|
|“System”||means any online communications infrastructure that Bottletop Creative Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by Bottletop Creative Ltd and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (Bottletop Creative Ltd) and any sub-domains of this site, unless expressly excluded by their own terms and conditions.|
- Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bottletop Creative Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bottletop Creative Ltd.
- Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Bottletop Creative Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site [https://www.bottletopcreative.com] without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bottletop Creative Ltd. To find out more please contact us by email at email@example.com.
- You agree that, if you have provided Bottletop Creative Ltd with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Bottletop Creative Ltd and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Bottletop Creative Ltd’s website or otherwise provided a copy of it to the third party. You agree to indemnify Bottletop Creative Ltd in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- Bottletop Creative Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Bottletop Creative Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
- To the maximum extent permitted by law, Bottletop Creative Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts Bottletop Creative Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Bottletop Creative Ltd.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Bottletop Creative Ltd shall be governed by and construed in accordance with the Law of England and Wales and Bottletop Creative and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.