1.1 our Service (for a more complete description of the Services see our Terms and Conditions) together with our website https://www.giftsdirect.com/ which includes any webpage containing these domain names, including any page that is enabled for use by a mobile device or any webpage redirected from another domain name provided on the websites are operated by 4E – Fulfillment.com Limited a company registered in Ireland. Our company registration number is 309454 and our registered office is at Suite 6, Floor 2, 5-7 Upper O’Connell Street, Dublin 1. We trade under the Registered Business Name of Giftsdirect (363701). Our registered VAT number is IE 6329454D. (“Gifts Direct”, “we”, “us” and “Our”).
1.2 our Service helps Registered Users (“User”, “you” and “your”) peruse and purchase a selection of quality products, by way of an online website. We are the Data Controller (as defined under data protection law) and responsible for your personal data. We will control the personal data you submit to us when using our Service.
2 PERSONAL DATA WE COLLECT AND PROCESS
2.1 When registering for a User account, using our Service, we will collect and gather the following categories of personal data:
2.1.1 Identity Data such as first name, surname, gender, date of birth.
2.1.2 Contact Data such as address, e-mail address, telephone number.
2.1.3 Profile Data such as your username and password,
2.1.4 Financial Data such as your payment card details, bank details, VAT number, information about payments to and from you and other details of services you have purchased from us.
2.1.5 Purchase Data such as the products you have selected to buy, your product customisation / personalisation information, gift card wording, packaging and delivery preferences,
2.1.6 Technical Data such as 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 Service.
2.1.7 Usage Data such as information about how you use our Services.
2.1.8 Marketing and Communications Data such as your preferences in receiving marketing communications from us and third parties and your communication preferences.
2.2 The type of personal data collected and used by us varies depending upon whether you are; just browsing our Service or a registered User.
2.3 We collect, use and share aggregated data such as statistical or demographic data. Aggregated data may be derived from your personal data but is not considered personal data under applicable data protection law as this data does not directly or indirectly reveal your identity.
3 HOW WE COLLECT PERSONAL DATA ON THE WEBSITE
3.1 In order to purchase goods using our Service, you will need to register an account with us, which will involve you giving us your Identity, Contact and Profile Data. We will inform you at the time of collecting personal data from you whether you must provide the personal data to use our Service, or whether the provision of personal data requested by us is optional.
3.2 It is not necessary to register as a User in order to browse the publicly accessible elements of the Website. However, we will receive Technical Data and Usage Data when you browse the Website. This is further explained below.
3.3 Where we need to collect personal data by law, or under the terms of a contract we have with you (e.g. Terms and Conditions) and you don’t provide that personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Service). In this case, we may not be able to provide all or part of the relevant service.
4 METHODS USED TO COLLECT PERSONAL DATA FROM AND ABOUT YOU
4.1 Direct interactions: You may give us your Identity, Contact, Profile, Financial Product, Marketing and Communications Data by populating your online Profile, changing details in Your Account, filling in online forms or by communicating with us. The personal data we receive from direct interactions with you includes personal data you provide when you:
4.1.1 apply or subscribe to our Service;
4.1.2 create a User account on our Service and when you add to and manage your personal Profile;
4.1.3 contact or communicate with us via our Service;
4.1.4 request to purchase any goods or services through our Service;
4.1.5 request to customise / personalise any good or services purchased through our Service;
4.1.6 request marketing communications to be sent to you.
4.2 Automated technologies or interactions: As you interact with our Service, we collect Technical Data and Usage Data including details of your device, browsing actions and patterns, searches, product advertisements viewed, traffic data, web logs and other communication data and the resources that you access. We collect this personal data by using cookies, tracking codes, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookies policy for further details.
4.3 Third parties: We may receive personal data about you from various third parties as set out below:
4.3.1 Identity, Contact and Profile Data from other sources such as LinkedIn and using business development tools.;
4.3.2 Technical Data from providers such as Google Analytics, Microsoft, and Adobe;
5 HOW WE USE YOUR PERSONAL DATA
5.1 Registered Users (whether on their own behalf or on behalf of third parties) browse our web catalogue of quality products to identify goods and services to purchase either for themselves or for others.
5.2 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:
5.2.1 Where we need to perform the contract (e.g. the Terms and Conditions) we are about to enter into or have entered into with you.
5.2.2 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.
5.2.3 Where we need to comply with a legal or regulatory obligation.
5.3 Generally we do not rely on consent as a legal basis for processing your personal data. If we do rely on your consent to process your personal data this will be made clear to you at the time, and you have the right to decline to provide us with your consent and to withdraw your consent at any time by contacting us.
5.4 SPECIAL CATEGORY PERSONAL INFORMATION
We do not process special categories of personal information.
5.6 We use your personal data in the following ways:
5.6.1 We will collect and use your Identity; Contact; Profile; Product and Financial Data to register you as a User of our Service. This is necessary in order to perform our contract (e.g. Terms and Conditions) with you.
5.6.2 We will collect and use your Identity, Contact and Profile Data to provide to our outsourced fulfilment partners to enable you to pay for and have your purchases delivered, and where necessary returned.
5.6.3 We will process your Identity, Contact and Profile Data to maintain the quality and accuracy of this personal data in our customer relationship database.
5.6.4 We will collect and use Profile, Technical and Usage Data for data analytics purposes to improve our Service, products/services, marketing, user relationships and experience. This involves building a Profile of your interests based on the products you have interacted with in the past 90 days. This is necessary for our legitimate interest to ensure that our Service content is presented in an effective manner for you and for your computer/device.
5.6.5 We collect and use Identity, Contact, Technical, Usage and Profile Data and Marketing and Communications Data to send registered users of our Service Alerts by email to help with your search for quality products. This involves building a Profile of your interests based on the products you have interacted with in the past 90 days. This is necessary (i) in order for us to perform our contract (e.g. Terms and Conditions) with you; and (ii) for our legitimate interest to ensure registered users are informed of products relevant to them which in turn improves our service. To facilitate your ease of use of our Service across multiple devices, Alerts by email include a personalised link which will recognise you when you visit our Service by clicking on a link in the email. This makes it easy for you to engage with the Service as your name, email address, and link to your last order will automatically be available. As Product Alert emails are personalised to you, it is important that you do not share these email links with other people or post them on social media. You are responsible for maintaining the security of these personal Alert email links.
5.6.6 We collect and use Technical, Usage and Profile Data for data analytics purposes to build an understanding of the sort of Products and Service registered users of our Service are most interested in by learning from the Products you engage with to tailor the products we present to you. Our understanding of the products you might like will adapt and change as it is based on the product content you interact with over a rolling 90-day period. This will involve profiling. This is necessary for our legitimate interest to ensure registered users are informed of products relevant to them which in turn improves our service;
5.6.7 We will collect and use Identity, Contact, Technical, Usage, Profile Data and Marketing and Communications Data to communicate to registered users of our Service via email about similar products or services from us that will assist with your product search. This is necessary in order for us to perform our contract (e.g. Terms and Conditions) with you.
5.6.8 We will collect and use Identity, Contact, Technical, Usage, Profile Data and Marketing and Communications Data to send you relevant informational and advice emails from us and from trusted third party partners that you request from us or which we feel may interest you, but only where you have consented to be contacted for such purposes. This processing of your personal data is based on your consent and our legitimate interests to direct market, develop our products/services and grow our business.
5.6.9 We or an Order Fulfilment partner may use your Identity and Contact Data to contact you where you have purchased Goods or Services and your delivery information needs to be clarified. This is necessary for us to perform our contract (e.g. Terms and Conditions) with you and our legitimate interest to perform services for Users.
5.6.10 We will collect and use Identity, Contact, Profile, Technical and Usage Data to allow you to participate in interactive features of our Service, when you choose to do so. This is necessary for us to perform our contract (e.g. Terms and Conditions) with you.
5.6.12 We will collect and use Identity; Contact and Technical Data to administer and protect our business and our Service(including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) which is necessary (i) for our legitimate interests (for 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) and (ii) to comply with a legal obligation;
6.1 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.
6.2 You will receive marketing communications from us if you have requested information from us or purchased 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.
6.3 You can opt out of any marketing communications from us at any time by updating your notification settings or by using the “Unsubscribe” function at the bottom of the marketing email we send you.
7.1 CHANGE OF PURPOSE
7.1 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 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.
7.2 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.
8 DISCLOSURE OF PERSONAL DATA TO OTHERS
8.1.1 if you have indicated at registration, or at any time during your time as a Registered User of our Service, that you are happy to receive information or promotions from selected third parties about goods and services which may be of interest to you, we will send you such offers or information. See Marketing above on how to change your preferences;
8.1.2 any member of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries, where it is necessary to do so for the provision and administration of the services we provide to you;
8.1.3 we contract with other entities that perform certain tasks on our behalf and who are under our control (“Service Providers”). This is required in order to provide and manage our Service. Such Service Providers include IT systems suppliers and support, order fulfilment partners, couriers or postal services, data storage, IT developers, insurance, credit card companies, payment processors, analytics companies, website hosting providers, payroll, email marketing specialists, business development tool providers and IT services (including CRM, website, video- and teleconference services) and other service providers;
8.1.4 professional advisors such as accountants, auditors, lawyers, bankers, insurers, and other outside professional advisors;
8.1.6 entities that regulate or have jurisdiction over us. We will disclose your personal data in order to comply with any legal obligation, if we are ordered to do so by a court of competent jurisdiction, law enforcement, regulatory or administrative authorities or in order to enforce or apply our Terms and Conditions and other agreements, or to protect the rights, property, or safety of our company, registered users or others. This includes exchanging personal data with third parties for the purposes of fraud protection and credit risk reduction.
8.2 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 Service Providers 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. Unless prevented by applicable law, we will notify you when your personal data may be provided to third parties in ways other than explained above, and you may have the option to prevent such sharing at the time that we notify you.
9 INTERNATIONAL DATA TRANSFERS
9.1.1 Where the country has been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
9.1.2 We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
9.2 We will provide you on request a list of the countries located outside the EEA to which personal data may be transferred, and an indication of whether they have been determined by the European Commission to grant adequate protection to personal data. Where applicable, you are entitled, upon request to receive a copy of the relevant safeguard (for example, EC model contractual clauses) that has been taken to protect personal data during such transfer.
10 DATA SECURITY
10.1 We are committed to protecting the personal data you provide us. To prevent unauthorised access or disclosure of personal data under our control, we have appropriate security management systems in place to safeguard the personal data we collect. Firewalls, intrusion detection and virus scanners are used on all parts of our Service. Encryption during transmission is also used on sections of our Service where security is particularly important.
10.2 While we make reasonable efforts to protect all personal data, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any personal data you transmit to us, you do so at your own risk. You acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby waive, release and discharge us from any and all claims arising out of or related to the use of intercepted information in any unauthorised manner.
10.3 Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Service, you are responsible for keeping this password confidential. You must not to share your Service password with anyone.
11 UPDATING YOUR PERSONAL DATA
11.1 It is important that the personal data we hold is accurate and current. Please keep us informed, and let us know by using the Contact Us information below if any of your personal data changes during your relationship with us. It is your responsibility to keep your personal data up to date at all times.
12 LINKS TO THIRD PARTY WEBSITES
12.1 our Service contains links to and from the websites of our partners, service providers, advertisers and affiliates as well as third party websites to which we have no affiliation. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies.
12.2 We also use third party partners to support our Service. Some of these partners may use technology such as cookies and web beacons when they interwork with our Service, which will also send these partners (such as Google through the Google Analytics program) information including your IP address, your ISP, the browser you used to visit the Website, and in some cases, whether you have Flash installed. This is generally used for marketing optimisation, geotargeting purposes or showing certain information based on specific cross-linked information.
13 IP ADDRESSES AND COOKIES
13.1 We may collect information about your computer, including (where available) your IP address, operating system and browser type, for system administration and statistical purposes.
13.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. On revisiting our Service our computer server will recognise the cookie, giving us information about your last visit. They help us to improve our Service and to deliver a better and more personalised service. They enable us:
13.2.1 to estimate our audience size and usage pattern;
13.2.2 to store information about your preferences, and so allow us to customise our Service according to your individual interests and make your usage of our Service more enjoyable; and
13.2.3 to speed up your searches.
For more information about how our cookies work view our cookies policy.
For information on how to control your cookies go to allaboutcookies.
14 DATA RETENTION
14.1 We retain personal data for no longer than is allowed under data protection law and, in any case, no longer than such personal data is necessary for the purpose for which it was processed. 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, the purposes for which we process personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
14.2 As a registered User of our Service we will retain your Identity, Contact, Profile, Technical, Usage, Product, Marketing and Communications Data for as long as your User account is live. We retain the personal data you provide while your account is in existence or as needed to provide you access to our Service and any Service you have used. Even if you only use our Service or any other Service occasionally, we will retain your Identity, Contact, Profile, Technical, Usage, Product, Marketing and Communications Data until you decide to close your User account. In some cases, we retain certain Usage Data (e.g. visitor and application statistics in a depersonalized or aggregated form). Also, we retain personal data for longer if required by applicable law or regulation or justified under applicable statutory limitation periods.
15 YOUR LEGAL RIGHTS
15.1 Under certain circumstances you have rights under applicable data protection law in relation to personal data, namely:
15.1.1 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.
15.1.2 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.
15.1.3 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.
15.1.4 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.
15.1.5 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.
15.1.6 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.
15.1.7 Withdraw consent at any time if and to the extent we are relying on consent as the legal basis 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.
15.2 Regarding your right to have your personal data erased, you can delete your User account with us at any time. Deleting your User account deletes records which we are not otherwise required to keep by reason of statutory duty.
15.3 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. 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.
15.4 In order to exercise one or more of your rights in respect of your personal data please contact us at [email protected]. We will respond to your request(s) as soon as reasonably practicable, but in any case, within the legally required period of time.
15.5 You have the right to make a complaint at any time to the Data Protection Commission, the Irish supervisory authority for data protection issues https://www.dataprotection.ie. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Commission so please contact us in the first instance at [email protected].