We are committed to respecting your privacy. This Notice is intended to inform you about how we collect, use and protect any personal data we collect about you. It sets out how we comply with the data protection laws and what your rights are.
This Notice applies to you if we process your personal data and you are not an employee. You could be an individual customer, a sole trader, a partnership, a user of our Website, www.klvaruby.com, a user of one of our Apps (“App”), someone who works at a supplier or customer of ours or another organisation that we deal with, someone who enters one of our marketing competitions or attends one of our events, a recruitment candidate or someone else who is affected by our activities.
We are KLVARUBY (“KLVARUBY”) of 201 East 5th Street suite 1000 Sheridan, WY 82801, United States. If you have any queries regarding your personal data and how it may be used by KLVARUBY, then you can contact us by email on [email protected] and by post at 201 East 5th Street suite 1000 Sheridan, WY 82801, United States.
References to we, our or us in this Notice are references to KLVARUBY.
This Notice provides details about:
- What personal data we collect
- Where we collect your personal data from
- How we use your personal data
- Who we share your personal data with
- How we aim to protect your privacy
- How long we will keep your personal data
- International transfers of your personal data
- Your Rights
- Changes to this notice
- Contact Us
WHAT PERSONAL DATA DO WE COLLECT?
We may collect the following personal data about you:
- Contact details such as your name, address (including billing and delivery addresses), telephone number (including mobile number) and email address.
- Identification information such as your passport and other official identification details, information from a third-party money laundering check provider, Companies House information and your national insurance number.
- Details of your education and work history, including qualifications, roles, responsibilities and professional qualifications, and other information connected with your business (where you are a sole trader).
- Personal data including your age or date of birth, gender, marital status, family details and dietary requirements.
- Your social media handles, posts and information about your followers and the people that follow you.
- Details of financial and transaction data including purchases, orders, returns and refunds.
- Online browsing activities on our Website including which items you store in your shopping cart.
- Your usage of our App and your username and password.
- Information about the device you use to browse our Website or access our App including the IP address, device type, usernames, account details and passwords.
- Information connected with any purchases made on our Website or via our App including financial and transaction data.
- Communication and marketing preferences.
- Interests, preferences, feedback and competition and survey responses.
- Your real-time location.
- Correspondence and communications with us including relating to complaints, allegations, disputes and claims.
- Other publicly available personal data, including any which you have shared via a public platform (such as LinkedIn, Instagram, YouTube, Twitter or a public Facebook page).
- Business information, such as where you are a sole trader, a partner or a company director.
- Creditworthiness, where we are required to undertake investigations in order to establish whether to enter into or continue a business relationship with you or the organisation you work for.
- Details of your performance when working with or for us or in relation to any project or work we are engaged in.
- Videos, photographs and audio recordings which you or other people take and provide to us or we take ourselves.
- Your usage of our IT systems when you visit our premises such as visitor internet and Wi-Fi facilities.
- Subscription Information such as when you subscribe to one of our blogs or other materials.
This list is not exhaustive and in specific instances, we may need to collect additional personal data for the purposes set out in this Notice.
Special Categories of Personal Data
There are limited situations in which we collect, store and use the following “special categories” of more sensitive personal data including:
- information about your race or ethnicity, religious beliefs and sexual orientation;
- information about your health, including any medical condition, dietary requirements, health and sickness records, medical records and health professional information; and
- biometric data including your height and weight.
Where we do collect any special category personal data, we will do so based on your explicit consent.
We may collect, store and use any criminal records information in relation to you; in which case we will do so based on legal obligation or your explicit consent.
WHERE DO WE COLLECT YOUR PERSONAL DATA FROM?
We may collect your personal data directly or indirectly from you, for example when you:
- engage with us during our relationship with you or the organisation you work for;
- set up an online account on our Website and /or purchase products from us;
- download our App to your device;
- register to use our App, Website or other services we provide;
- communicate with us regarding one of our App, Website or services, to ask a question, report a problem or for any other reason;
- register for, attend and/or participate in one of our events or enter one of our competitions;
- enquire about a vacancy or apply to become an employee of ours;
- enquire about and/or become one of our content contributors; and
- raise a query, complaint, claim, legal dispute on behalf of yourself or the organisation you work for.
We may also collect personal data from third parties who have your consent or some other lawful basis for doing so including:
- professional bodies;
- credit reference agencies including those which carry out data cleansing services;
- organisations who carry out research and analysis;
- Companies House;
- social media platforms including such as LinkedIn; Instagram, YouTube, Twitter or public Facebook page;
- referrals and recommendations, usually given by other people who know you or have a working relationship with you;
- your employer or the organisation you work for;
- our professional advisors including lawyers, accountants and other advisors;
- your professional advisors including lawyers, accountants and other advisors; and
- Government, local authorities or relevant regulators.
HOW WE USE YOUR DATA
|Purpose||Personal data Used||Lawful Basis|
|To carry out identity and credit checks||Contact details and payment information relating to you or the organisation you work for||We may have a legal obligation to undertake identification
We also have a legitimate interest in knowing your identity and carrying out money laundering checks and ensuring that we are likely to be paid
|To enter into and perform contracts, where we may be supplying products/services to you and/or the organisation you work for and/or you may be supplying products/services to us and/or the organisation you work for or where we may be involved in similar arrangements with third parties||All the personal data we collect||To enter into and perform contracts with either yourself or the organisation that you represent
We have a legitimate interest to properly perform contracts with third parties
|To deal with queries, complaints, claims, legal disputes submitted by you or the organisation you work for and to make queries, complaints, claims, legal disputes in which relate you or the organisation you work for||All the personal data we collect||This may be necessary to perform a contract with you or the organisation that you represent
We have a legitimate interest to improve the services and/or products we provide
To defend, bring or establish legal claims
|To maintain and improve our services and/or products||All the personal data we collect||We have a legitimate interest to improve the services and/or products we provide|
|Data analytics, statistical analysis and other research to help us improve our products and services||All the personal data we collect||We have a legitimate interest to improve the products and services we provide and to improve user experience|
|Security of our IT systems||All the personal data we collect||We have a legitimate interest in ensuring the security of our IT systems|
|Direct marketing||Contact details and services and products that we have determined may be of interest to you or your organisation and/or which you or your organisation has purchased in the past||We may ask for your consent to process your data for this purpose, you may revoke your consent at any point. Alternatively, if you or your organisation has purchased similar services or products from us previously, we may market similar products or services as a legitimate interest in developing our business. You have the right to opt out from such marketing at any time. For more details see the ‘Marketing’ section below.|
|To facilitate and communicate with you regarding our events and to provide you with an acceptable service||Your contact details, details of attendance, your comments in response forms and dietary requirements and CCTV images||We have a legitimate interest in holding events and tracking attendance and providing appropriate food and drinks at events
We may also have a legal obligation to comply with health and safety requirements
|For the prevention, detection or investigation of crime or the prosecution of offenders||All of the personal data we collect||We have a legitimate interest in protecting our rights and interests (for example in court cases) and in protecting the rights and interests of our employees, customers and any other third party with who we engage.
To comply with any legal obligations and regulatory requirements
|To comply with our legal and regulatory obligations||All the personal data we collect||To comply with any legal obligations and regulatory requirements|
|To manage our relationship with you or the organisation you work for and to operate and manage our business and internal reporting||All the personal data we collect||We have a legitimate interest to operate our business in an efficient way and to expand our business
To enter into and perform contracts with either yourself or the organisation that you represent
|Storage of records relating to you and also records relating to our business||All the personal data we collect||To be able to manage and fulfil any contract with you, we may have a legal obligation to do so and we also have a legitimate interest to keep proper records|
|Marketing activities including KLVARUBY’s website, social media sites and Apps, internal employee engagement and presentations by KLVARUBY employees at internal and external meetings||All the personal data we collect||We have a legitimate interest in tracking attendance at events and using the images and footage produced for business and marketing purposes
We may also have a legal and/or regulatory obligation to comply with
For some of your personal data you may have a legal, contractual or other requirement or obligation for you to provide us with your personal data. If you do not provide us with the requested personal data, we may not be able to properly perform our contract with you or the organisation you represent or comply with legal obligations and we may have to terminate our relationship. For other personal data you may not be under an obligation to provide it to us, but if you do not provide it then we may not be able to properly provide you with our goods and services or perform our arrangements with you or the organisation you represent.
Where you have given us your consent to use your personal data in a particular manner, you have the right to withdraw this consent at any time, which you may do by contacting us as described in the “Contact us” section below. We will generally only process your personal data based on your consent in relation to direct marketing or in relation to the processing of special category data and data relating to criminal convictions and offences.
Please note however that the withdrawal of your consent will not affect any use of the data made before you withdrew your consent and we may still be entitled to hold and process the relevant personal data to the extent that we are entitled to do so on a basis other than your consent. Withdrawing consent may also have the same effects as not providing the information in the first place, for example we may no longer be able to provide marketing information to you.
We may anonymise and aggregate any of the personal data we hold (so that it does not identify you). We may use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, improving our site and developing new products and services and for any other purpose.
You have the right to opt out of receiving marketing communications from us at any time, by:
- informing us that you wish to change your marketing preferences by contacting our customer support team at [email protected];
- making use of the simple “unsubscribe” link in emails or the “STOP” number for texts; and/or
- contacting us via email at [email protected] or by post to 201 East 5th Street suite 1000 Sheridan, WY 82801, United States.
This will not stop service messages such as order updates and other non-marketing communications.
Personalisation and Automated Decision Making
If you visit our Website or use our App, you may receive personalised banner advertisements whilst browsing website of other companies. Any banner advertisements you see will relate to your browsing activity on our website from your computer or other devices.
We may analyse your browsing and purchasing activity online and your responses to marketing communications. The results of this analysis, together with other demographic data, allow us to decide what marketing communications are suitable for you and to ensure that we contact you with information on products, services, events and offers that are tailored and relevant to you. To do so, we use software and other technology for automated decision making.
This allows us to provide more personalised services and experiences, we may review personal data held by external social media platform providers about you, such as the personal data available on social media platforms such as Twitter, Instagram, YouTube, Twitter and Facebook. Some of our services enable you to sign-in via external social media platform providers such as Facebook. If you choose to sign-in via a third party app, you will be presented with a dialog box which will ask your permission to allow us to access your personal data (e.g. your full name, date of birth, email address and any other information you have made accessible).
We aim to update you about products and services which are of interest and relevance to you as an individual.To help us do this, we process personal data by profiling and segmenting, identifying what our customers like and ensuring messages we send them are relevant based on their demographics, interests, purchase behaviour, online web browsing activity and engagement with previous communications. We may also use your personal data to exclude you from communications which we feel are irrelevant to you. For example, we may exclude someone from resends of marketing emails when we know that person has already opened the original email sent.
Another example of how we may tailor our communications with you is that we may group individuals with similar interests using this data so we can send them product news or promotional offers that are relevant to that shared interest.
You may have the right to opt out of some automated processing, including profiling, at any time by:
- informing us that you wish to opt out of automated processing by contacting our customer support team at [email protected]; and/or
- contacting us by email to [email protected] or post to 201 East 5th Street suite 1000 Sheridan, WY 82801, United States.
WHO WE SHARE YOUR PERSONAL DATA WITH
We may share your personal data with the following third parties:
- The organisation that you represent.
- Other companies within our group.
- Other organisations within our supply chain so that they can contact you about any issues in the supply chain or where your personal data is relevant to a subcontractor or party above us in the supply chain.
- Other organisation including but not limited to organisations who own the venues at which our events take place, organisations who market and/or facilitate our events and photographers and videographers who attend our events.
- Purchasers, investors, funders and advisers if we sell or negotiate to sell all or part of our business or assets or restructure our business whether by merger, re-organisation or otherwise.
- Third parties who ask for or want referrals for example we may provide your details to a third party who is seeking services/products which are the same or similar to those that you provide.
- Other service providers and advisors to us including companies that support our IT, help us analyse the data we hold, process payments, send communications to our customers, provide us with legal, property or financial advice and generally help us deliver our products and services to you or the organisation that you represent or for us to purchase them from you or the organisation you represent.
- Our professional advisors including lawyers, accountants and other advisors.
- Your professional advisors including lawyers, accountants and other advisors.
- Credit reference agencies and other identification agencies so that we can assess your creditworthiness or verify your identity.
- Organisations who carry out research, analysis and/or data cleansing services.Governmental bodies, regulators, law enforcement agencies, security services, courts/tribunals and insurers including where we are required to do so in order to comply with our legal obligations and the administration of justice.
HOW WE PROTECT YOUR DATA
KLVARUBY is committed to keeping your personal data safe and secure and so we have numerous security measures in place to protect the loss, misuse and alteration of information under our control. Our security measures include: –
- encryption of personal data;
- regular cyber security assessments of all service providers who may handle your personal data;
- regular planning to ensure we are ready to respond to cyber security attacks and data security incidents;
- weekly penetration testing of systems;
- security controls which protect our IT systems infrastructure and our premises from external attack and unauthorised access;
- internal policies setting out our data security rules for our personnel; and
- regular training for our employees.
We take data security very seriously and will use all reasonable endeavours to protect the integrity and security of the personal data we collect about you.
WHAT YOU CAN DO TO HELP PROTECT YOUR DATA
You should always be cautious when sharing your personal data. No one from our company will ever ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from KLVARUBY asking you to do so, please ignore it and do not respond.
If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.
In addition, we recommend that you take the following security measures to enhance your online safety:
- When creating a password, use a difficult word/number combination of at least 8 characters and something that is not easily guessed or something that cannot be easily obtained such as your name, email address, or other personal data that can be easily obtained.
- Frequently change your password (you can do this in your account settings.
- Avoid using the same password for different online accounts.
HOW LONG WE KEEP YOUR DATA
We will not retain your personal data for longer than necessary for the purpose for which is has been obtained and then for as long as there is any risk of a potential claim, which will be dependent upon the limitation period for the particular type of claim. Various laws, accounting and regulatory requirements applicable to us also require us to retain certain records for specific amounts of time. In relation to your personal data, we will hold this only for so long as we require that personal data for legal or regulatory reasons or for legitimate organisational purposes. We will not keep your data for longer than is necessary for the purposes for which we collect them.
Our Data Retention Policy sets out the length of time we will usually retain personal data and where these default periods might be changed.
It is important to ensure that the personal data we hold about you is accurate and up-to-date, and you should let us know if anything changes, for example if you move position or work for a different organisation or change your phone number or email address. You can contact us by using the details set out in the “Contact us” section below.
The personal data we collect may be transferred to and stored in countries outside the US. This will typically occur when service providers are located outside the US or if you are based outside the US. These transfers are subject to special rules under data protection laws.
Some of these jurisdictions require different levels of protection in respect of personal data and, in certain instances, the laws in those countries may be less protective than the jurisdiction you are typically resident in. We will ensure that your personal data is only used in accordance with this Notice and applicable data protection laws and is respected and kept secure and where a third party processes your personal data on our behalf we will ensure that 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 SEC;
- where we use certain service providers, we may use specific contracts approved by the SEC which give personal data the same protection it has in the US; and
- 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 Union.
Our directors and other individuals working for us may in limited circumstances access personal data outside of the US if they are on holiday abroad outside of the US. If they do so they will be using our security measures and will be subject to their arrangements with us which are subject to English Law and the same legal protections that would apply to accessing personal data within the US.
In limited circumstances the people to whom we may disclose personal data as mentioned in the “Who We Share Your Personal Data With” section above may be located outside of the US. In these cases, we will impose any legally required protections to the personal data as required by law before it is disclosed.
For further details please contact us by using the details set out in the “Contact us” section below.
You have the following rights in relation to your personal data:
- The right to be informed about how your personal data is being used.
- The right to request access to personal data we hold about you.
- The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you.
- The right to object to processing of your personal data and/or to withdraw any consent you have given us and to opt out of any marketing communications that we may send you.
- The right to restrict processing of your personal data.
- The right to object to certain automated decision-making processes using your personal data including profiling.
- The right to request that we erase your personal data in certain circumstances (the right to be forgotten) for example when the data are no longer necessary for the purpose for which we collected them.
- The right to have your personal data provided to you by us in a structured, commonly used and machine-readable format and transmitted to another data controller. This is known as the right to data portability.
You should note that some of these rights, for example the right to require us to transfer your data to another service provider or the right to object to automated decision making, may not apply as they have specific requirements and exemptions which apply to them and they may not apply to personal data recorded and stored by us. However, some have no conditions attached, so your right to withdraw consent or object to processing for direct marketing are absolute rights.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Whilst this Notice sets out a general summary of your legal rights in respect of personal data, this is a very complex area of law.
If you wish to exercise any of the above rights, you can always contact us using the details set out in the ‘Contact Us‘ section below.
CHANGES TO THIS NOTICE
We may update this Notice from time to time. When we change this Notice in a material way, we will update the version date at the bottom of this Notice. For significant changes to this Notice we will try to give you reasonable notice unless we are prevented from doing so. Where required by law we will seek your consent to changes in the way we use your personal data.
In the event of any query or complaint in connection with the information we hold about you, please email [email protected] or write to us at 201 East 5th Street suite 1000 Sheridan, WY 82801, United States
Version 10rd Dec 2019