Privacy Notice (Trade Accounts)

Introduction

Osborne & Little Limited respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and it will tell you about your privacy rights and how the law protects you.

This privacy notice is aimed at those with, or who are applying for trade accounts, to the extent that those trade accounts include personal data. We have a separate privacy notice for the public, members of the press and others who are not trade account customers which can be accessed here.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Osborne & Little Limited collects and processes your personal data, including through your use of our website, and any data you may provide through our website or otherwise to us when you set up a trade account, purchase a product or service or take part in a competition.

We do not knowingly collect data relating to children and our website is not intended for children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Osborne & Little Limited is the data controller and responsible for your personal data (collectively referred to as “Osborne & Little Limited”, "we", "us" or "our" in this privacy notice).

We have appointed a data protection manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights (which are explained in section 9 below), please contact the data protection manager using the details set out below.

Contact details (including details of our data protection manager)

Our full details are:

• Full name of legal entity: Osborne & Little Limited
• Name of data protection manager: Peter Soar
• Email address: gdpr@osborneandlittle.com
• Postal address: Riverside House 26 Osiers Road, London, SW18 1NH
• Telephone number: 020 8812 3000

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.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 24 May 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Whilst we recognise that many of our trade customers are trading entities, it will be necessary for us to collect certain personal data of those customer’s directors, employees and/or representatives who set up an account on our customer’s behalf and who we will contact in relation to such accounts. In addition, if you are a sole trader then data which we collect about you and your business, and from which you are identifiable, is likely to be personal data.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

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 (or with the entity which you are representing) 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 or the entity which you are representing (for example, to provide you or the entity with goods or services). In this case, we may have to cancel the contract for a product or service which you or the entity which you are representing have with us.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Financial and Entity Data by filling in forms or by corresponding with us by post, phone, email, via our website or otherwise. This includes personal data you provide when you:
• Set up a trade account (whether via paper application form, via our website, in person or via telephone);
• Apply for our products or services;
• Subscribe to our publications;
• Request marketing to be sent to you;
• Enter a competition, promotion or survey; or
• Give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy here for further details.
• Third parties. We may receive personal data about you from various third parties as set out below:
• Technical Data from the following parties:

(a) analytics providers such as Google based outside the EU;

(b) search information providers such as Google based outside the EU.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services based worldwide.
• Identity, Contact and Transaction Data from our agents who are based within the EU.

4. 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 in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you (“Contract Reason”). Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (“Legitimate Interests Reason”). Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure 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 consent or are otherwise required or permitted to 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 using the details set out above.
• Where we need to comply with a legal or regulatory obligation that we are subject to (“Legal Obligations Reason”).

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or post (“Consent Reason”). You have the right to withdraw consent to marketing at any time by contacting us on the details set out above.

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 plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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 data. The lawful grounds may also depend on the type of entity, for example whether you are a sole trader or whether you are a director, employee or representative of a company or other legal entity which is our customer. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

• If we send a marketing email to you, there will be links to unsubscribe.
• You can contact us using the contact details set out above.

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 products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested this information from us or you consented to receiving this information or you have purchased products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

Where appropriate, we may want to pass details of our trade account members to specially selected partners, such as Paris Deco Off, Chelsea Harbour and London Design Week, amongst others. We will however get your express opt-in consent before we share your personal data with any company outside the Osborne & Little group of companies for marketing purposes.

Unsubscribe

You can ask us or third parties to stop sending you marketing messages at any time by:

• Following the links to unsubscribe in any email or marketing message we send to you;
• Contacting us using the contact details set out above.

Where you unsubscribe from receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, product experience or other transactions, including information which we provide to our trade account members under our contract with you or the entity which you are representing.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see Privacy notices and Cookies

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 using the details set out above.

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 do so.

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.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in section 4 above.

• Internal Third Parties. Other companies in the Osborne & Little Group acting as joint controllers or processors and who are based in the UK and USA and which undertake management reporting and ensure cooperation across the Osborne & Little Group.
• External Third Partieswhich include:
  • Service providers acting as processors based inside and outside of the European Economic Area (EEA) who provide IT and system administration solutions and services, software services, communication solutions, payment providers and website hosting services;
  • Professional advisers acting as processors or joint controllers depending on the circumstances including debt collectors, lawyers, bankers, auditors and insurers based inside of the EEA who provide debt collection, consultancy, banking, legal, insurance and accounting services;
  • HM Revenue & Customs and other authorities acting as processors or joint controllers based in the United Kingdom;
  • Email marketing platforms acting as a processer based in the USA who provide email marketing solutions;
  • Agents and distributors acting as controllers or processors based within the EEA who provide agency and distribution services to us;
  • Press, magazine and other publications acting as processors based worldwide in order to market the business and trade account members;
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice
• We also publish details of trade account members on our website and on social media pages for the purposes of marketing and business development.

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 who are data processors 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.

6. International transfers

We share your personal data within the Osborne & Little Group. This will involve transferring your data outside the EEA.

Some 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 outside 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.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of 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 out of the EEA.

7. 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.

8. Data retention

How long will you use my personal data for?

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.

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.

Details of retention periods for different categories of your personal data are set out below:

• We keep basic information about our trade account members (including Contact, Identity, Entity and Profile Data) for up to 10 years after they cease being customers (such cessation includes where a trade account is closed due to inactivity for the previous 2 financial years, such financial years ending 31 March) and such data shall be marked for deletion. After this 10 year period, the data will be included in the next annual data retention review to be placed into archive where such data will be stored separately from other live personal data and will only be accessible to limited personnel;
• We keep Financial Data for up to 1 month after the relevant transaction, at which point it will be deleted or destroyed.
• We keep Transaction Data for up to 11 years after the relevant transaction at which point it will be archived and stored separately from other live personal data and will only be accessible to limited personnel;
• We keep Technical and Usage Data for up to 4 years from the data of collection;
• We keep Marketing and Communications Data (including Contact and Identity Data) for as long as individuals are subscribed to our mailing list. Once an individual unsubscribes to our mailing list we may keep details of Marketing and Communications Data for up to 2 years after the date of un-subscribing.

In some circumstances you can ask us to delete your data: see information in section 9 below about requesting erasure for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

• 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. 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 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. 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 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 products or 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 using the details set out above.

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 if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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 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.