HARMAN TECHNOLOGY LIMITED – PRIVACY NOTICE

HARMAN technology Limited is committed to respecting the privacy of our customers and the users of our website ilfordphoto.com (the Website). This notice is to explain how we may use personal information we collect before, during and after your relationship with us. This notice also explains how we comply with the law on data protection and what your rights are.

References to you, your and yourself in this privacy notice are to either you as an individual or any organisation that you work for.

References to we, our or us in this privacy notice are to HARMAN technology Limited.

We are registered in England and Wales under company number 5227615 and our registered office is at Whittington Hall, Whittington Road, Worcester, Worcestershire, England, WR5 2ZX. We are registered with the Information Commissioner as a data controller under registration number Z8987304.

1. Personal Information

1.1  When you interact with us or we interact with you in relation to our products and services, you may provide us with or we may obtain personal information about you, such as the following:

  • Contact details: information that allows us to create your user account and contact you directly such as your name, email address, telephone number (including mobile number), addresses, and date of birth;
  • Purchase details and requirements: details of the products or services you have asked us to provide to you or other instructions and decisions made by you in relation to our products or services;
  • Financial information: bank accounts, credit/debit card details, payment and receipt details, refund or credit details and details of payment transactions with you;
  • Records of your interactions with us: such as any enquiries or complaints you make, telephone conversations, letters and other correspondence (including e-mail) and your usage of our website;
  • Online account information: use of and movements through our online portal, passwords, personal identification numbers, IP addresses, user names and other IT system identifying information;
  • Photographs: which you or other people take and provide to us;
  • Creditworthiness: investigations into the creditworthiness of the organisation we may enter or continue a business relationship with;
  • Responses to any feedback forms, surveys or competitions: we keep records of any responses you give us; and
  • Your marketing preferences: so that we know whether and how we should contact you.

1.2 We are committed to protecting your privacy, and will only use your personal information in accordance with applicable data protection legislation, including the General Data Protection Regulation.

1.3 You are entitled by law to ask for a copy of your personal information at any time. Please contact us using the details in paragraph 15. You are entitled to ask us to correct or update your personal information at any time by contacting us at the address above.

2. Where we Collect the Personal Information

2.1 We will collect personal information from a number of sources. These include the following:

  • Directly from you: from yourself, when you use our website, create a user account, photographic preferences, make a claim, make a complaint, contact us by phone, email or communicate with us directly in some other way;
  • Advisors: either advisors appointed by you, for example legal advisors, or advisors appointed by us.
  • Our website: provides us with information about how you use it and the devices that you use to connect to our website; and
  • Providers of information: which may include credit reference agencies, private investigators, Companies House, LinkedIn and other web platforms.

2.2 We will also collect additional personal information throughout the period of the services and/or products we provide.

2.3 If you are providing information regarding other individuals to us, it is your responsibility to ensure that you have the right to provide the information to us.

3. What we Use the personal information for

3.1 The table below describes the main purposes for which we process your personal information, the categories of your information involved and our lawful basis for being able to do this.

Purpose

Personal information used

 Lawful basis
To enable us to provide our services or products to you or the organisation you work for All the personal information we collect This is necessary to fulfil our contract with you

We have a legitimate interest to fulfil our contracts with third parties
Enter into and perform contracts, where we may be supplying products/services to you and/or you may be supplying products/services to us or we may be involved in similar arrangements with third parties All the personal information we collect To enter into and perform contracts with either yourself or the organisation that you represent

We have a legitimate to properly perform contracts with third parties
Make payments to and receive  payments from you or the organisation you work for Transaction and payment information This is necessary to fulfil our contract with you

We have a legitimate interest to fulfil our contracts with third parties
Marketing our services or products which may be of potential interest to you or the organisation you work for Name, personal contact details and other identifiers, and marketing preferences We have a legitimate interest in marketing our services to you or the organisation you work for in order to make new sales

You may have requested that we send to you details of certain products and/or services
To manage our relationship with you and any organisation you work for and operate and manage our business and internal reporting All the personal information we collect about you We have a legitimate interest to ensure that we operate efficiently and manage our business properly

To be able to manage and perform our contract with you

We have a legitimate interest to fulfil our contracts with third parties
To deal with enquiries, complaints and other communications from you or the organisation you work for and dealing with legal disputes involving you or the organisation you work for All the personal information we collect about you We have a legitimate interest to ensure that we operate efficiently and deal with any enquiries, complaints or other communications

We have a legitimate interest to ensure that all legal claims are managed effectively
To perform credit checks Contact details and payment information We have a legitimate interest in ensuring we are likely to be paid for our products or services
Perform anti-money laundering checks  Your name and contact details We have a legal obligation so to do
To provide you with and update our customer portal and/or website access and for the purposes of ensuring the security of our systems and our information including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution Online account information and your usage of our website and any IT services or functions we make available to you. We have a legitimate business in ensuring our systems are secure

To be able to manage and perform our contract with you and your account.

We have a legitimate interest to fulfil our contracts with third parties
To conduct data analytics studies and customer satisfaction surveys to review, and better understand our customer, retention, attrition and satisfaction levels Our client records and any information you provide in response to our client  satisfaction surveys We have a legitimate interest in order to improve as a business
For the purpose of complying with any legal and regulatory requirements All the personal information we collect about you We have a legal obligation to comply with any legal requirements and we have a legitimate interest in complying with any regulatory requirements
Storage of records relating to you and also records relating to our business All the personal information we collect about you To be able to manage and fulfil our contract with you, we may have a legal and/or regulatory obligation to do so and we also have a legitimate interest to keep proper records

3.2 For some of your personal information you will have a legal, contractual or other requirement or obligation for you to provide us with your personal information. If you do not provide us with the requested personal information we may not be able to properly perform our contract with you or comply with legal obligations.  For other personal information, whilst you may not be under an obligation to provide it to us, if you do not provide it then we may not be able to properly perform our services for you or the organisation you represent.

3.3 By using our Website and submitting personal information, you consent to us using your personal information in the way described in this privacy notice. You have the right to withdraw this consent at any time, which you may do by contacting us as described in paragraph 15.

3.4 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 information to the extent that we are entitled to do so on bases 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 carry out certain activities.

3.5 We may anonymise and aggregate any of the personal information we hold (so that it does not directly 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.

4.0 Disclosure of your information

4.1 You consent to us (and our representatives) disclosing your personal information to third parties such as:

4.1.1 Purchasers of our business: in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

4.1.2 Any party approved by you: for example family members;

4.1.3 Credit reference agencies;

4.1.4 Companies in the same group of companies as us: for the purpose of providing services or products to you;

4.1.5 Other service providers to our business and advisors: third party bands, administration and IT services and other service providers. All our third-party service providers are required to take appropriate security measures to protect your personal information;

4.1.6 Advisors: either advisors appointed by you, for example legal advisors, or advisors appointed by us;

4.1.7 Sub-contractors: such as our couriers, import/export agents, shippers, service sub-contractors, payment processors and other sub-contractors;

4.1.8 The Government, government bodies or our regulators: if we are required to do so by law or to assist with their investigations or initiatives, for example HMRC or the Information Commissioner’s Office; and

4.1.9 Police, law enforcement and security services: to assist with the investigation and prevention of crime and the protection of national security.

4.2 We do not disclose personal information to anyone else except as set out above unless we have your consent or we are legally obliged to do so. We do not sell, rent or trade your data.

5. Providing your information to other users

Where you submit content to our Website, for example comments on blog posts or photographs submitted to our gallery, we may display some information about you, including your username and any information that you have included in your profile for public display.

6. Direct Marketing

6.1 From time to time, we may contact you by email, post, telephone or SMS with information about products or services we believe you may be interested in.

6.2 We will only send marketing messages to you in accordance with the marketing preferences you set when you create your account or that you tell us afterwards you are happy to receive or where you or the organisation you represent have purchased similar services or goods from us previously or you ask us to send you the information.

6.3 You can let us know at any time that you do not wish to receive marketing messages by using the details set out in the "Contacting Us" section below.

6.4 We will never ask you to confirm the details of your Account or Payment Method by email or mobile communication. If you receive such contact, please do not respond to it.

7.0 Transferring your Personal Information Internationally

7.1 The personal information we collect may be transferred to and stored in countries outside of the UK and the European Union. Some of these jurisdictions require different levels of protection in respect of personal information and, in certain instances, the laws in those countries may be less protective than the jurisdiction you are typically resident in. We will take all reasonable steps to ensure that your personal information is only used in accordance with this privacy notice and applicable data protection laws and is respected and kept secure and where a third part processes your data on our behalf we will put in place appropriate safeguards as required under data protection laws. For further details please contact us by using the details set out in the "Contacting us" section below.

7.2 In limited circumstances the people to whom we may disclose personal information as mentioned in the section “Disclosure of your information” above may be located outside of the UK and European Union. In these cases we will impose any legally required protections to the personal information as required by law before it is disclosed. If you require more details on the arrangements, please contact us using the details in the “Contacting Us” section below.

8. Retention, Updating and Removal of your Personal Information

8.1 Where you provide us with personal information during the course of your usage of the Website, we may retain this information for future use, including (but not limited to):

8.1.1 retaining your delivery address for future orders;

8.1.2 for record keeping purposes, such as keeping a record of orders that you place or content that you submit;

8.1.3 for exercising our rights, such as publishing content that you submit in accordance with our terms of use; and/or

8.1.4 for providing on-going services.

8.2 The duration for which we retain your personal information will differ depending on the type of information and the reason why we collected it from you. However, in some cases personal information may be retained on a long term basis: for example, basic personal information about you will normally be retained for so long as you maintain an account with us, and personal information that we need to retain for legal purposes will normally be retained for at least six years in accordance with usual commercial practice and regulatory requirements.

8.3 You are responsible for ensuring that the personal information that we hold about you is accurate and up-to-date, and you should check it on a regular basis. Much of the personal information that we hold about you can be updated through our Website, and where this personal information changes you can update it yourself. If you are unable to do this however you can contact us using the details in paragraph 15 and, where appropriate, we will update the relevant personal information for you.

8.4 If you wish to close your account with us please contact us. The closure of your account will result in the deletion of some of the personal information that we hold about you, but we may still retain some personal information, for example for record keeping purposes or where it is included in content that you have submitted to us which we have published on our Website or elsewhere in accordance with our terms of use.

8.5 If you are intending to move any of your personal information to another website, please let us know before you close your account so that we can make arrangements to provide you with a copy of your personal information.

9. Your Rights in Relation to Personal Information

9.1 You have the following rights in relation to your personal information:

  • the right to be informed about how your personal information is being used;
  • the right to access the personal information we hold about you;
  • the right to request the correction of inaccurate personal information we hold about you;
  • the right to request the erasure of your personal information in certain limited circumstances;
  • the right to restrict processing of your personal information where certain requirements are met;
  • the right to object to the processing of your personal information;
  • the right to request that we transfer elements of your data either to you or another service provider; and
  • the right to object to certain automated decision making processes using your personal information.

9.2 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 information 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.

9.3 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 information is not disclosed to any person who has no right to receive it.

9.4 Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.

9.5 To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the "Contacting us" section below.

10. Cookies

10.1 A cookie is a small data file that certain websites store on your computer's hard-drive when you visit such websites. Cookies can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information that you have personally supplied.

10.2 We use cookies on the Website to enable us to deliver content that is specific to your interests and gives us an idea of which parts of the Website you are visiting and to recognise you when you return to the Website. Reading cookies does not give us access to other data on your computer's hard-drive and our Website will not read cookies created by other websites that you have visited.

10.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. If, however, you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you access the Website.

10.4 We use Google Analytics which sets cookies to collect information aboiut how visitors use our information. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

11. We also use Magento which sets cookies on your computer. For more details on Magento’s usage of data collected through this cookie, please visit: https://docs.magento.com/m2/ce/user_guide/stores/cookie-reference.html. If you do not want Magento to set cookies on your computer, you can disable the cookies on your browser. Please see http://www.allaboutcookies.org for details as to how to configure your browser so that it will not accept cookies.

12. Log Files

12..1 In common with most websites, our Website logs various information about visitors, including internet protocol (IP) addresses, browser type, internet service provider (ISP) information, referring / exit pages and date / time stamp.

12.2 We may use this information to analyse trends, administer the Website, track your movement around the Website and gather broad demographic information. However, we do not link this information to personally identifiable information.

13. Security

13.1 The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security seriously and will use our reasonable endeavours to protect the integrity of the information you provide.

13.2 If you register to use secured parts of the Website, in particular if you have an online account with us, you may be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately at the address provided in paragraph 15 If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account until your identity has been verified and the account has been satisfactorily secured.

13.3 Our Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for these notices. Please check these notices before you submit any personal data to these websites.

14. Issues and Complaints

14.1 In the unlikely event that you have any concerns about how your personal information is being used, please contact us as described in paragraph 15.

14.2 If you make a complaint about our handling of your personal information, it will be dealt with in accordance with our complaints handling procedure. In the first instance it will be reviewed by our customer care team who will respond to you within 28 days. If you are dissatisfied with this response you may request that your complaint be escalated, in which case it will be passed to a senior person in our business who will review your complaint and the initial response and provide a further response within 28 days of your request to escalate the matter.

15. Changes to the privacy Notice

We reserve the right to alter this privacy notice at any time. Such alterations will be posted on the Website by us. It is important that you read any such alterations as and when they are posted on the Website by us and should you object to any alteration, please contact us using the web contact form on our Website.

16. Contacting Us

If you need to contact us about any matters relating to the personal information we hold on you, you can write to us at Data Protection, Marketing Department, HARMAN technology Limited, Ilford Way, Mobberley, Knutsford, Cheshire, WA16 7JL, email us at dataprotection@harmantechnology.com or complete the web contact form on our website.

17. Further information

17.1 We hope that the contents of this privacy notice address any queries that you may have about the personal information we may hold about you and how we may use it. However, if you do have any further queries, comments or requests, please contact us as described in paragraph 15 above.

17.2 Whilst this privacy notice sets out a general summary of your legal rights in respect of personal information, this is a very complex area of law. More information about your legal rights can be found on the Information Commissioner’s website at https://ico.org.uk/for-the-public/.