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Privacy Policy Part A

Last updated July 26, 2022

PRIVACY NOTICE

This privacy notice for QD Commercial Group Holdings LTD (doing business as Cherry Lane Garden Centres) ('Cherry Lane Garden Centres', 'we', 'us', or 'our',), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:
Visit our website at http://www.cherry-lane.co.uk, or any website of ours that links to this privacy notice
Download and use our mobile application (Cherry Lane Rewards), or any other application of ours that links to this privacy notice
Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at privacy@qdstores.co.uk.


SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Cherry Lane Garden Centres and the Services, the choices you make, and the products and features you use. Click here to learn more.

Do we process any sensitive personal information? We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. Click here to learn more.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Click here to learn more.

How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Click here to learn more.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do you exercise your rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what Cherry Lane Garden Centres does with any information we collect? Click here to review the notice in full.

WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
names
phone numbers
email addresses
mailing addresses
usernames
passwords
contact preferences
contact or authentication data
billing addresses
date of birth
facial recognition data via in-store cctv
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
facial recognition data via in-store cctv
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by PayPal, Freedompay and Duologi. You may find their privacy notice link(s) here: https://www.paypal.com/uk/webapps/mpp/ua/privacy-full

https://corporate.freedompay.com/privacy-policy/ and https://duologi.com/privacy-policy.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:
Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.
This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:
Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.

To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Click here to learn more.
Performance of a Contract. We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
In legal terms, we are generally the 'data controller' under European data protection laws of the personal information described in this privacy notice, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a 'data processor' on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the 'data controller' responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers' privacy practices, you should read their privacy policies and direct any questions you have to them.

WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ('third parties') who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organisation apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The third parties we may share personal information with are as follows:
Advertising, Direct Marketing, and Lead Generation
Google Analytics, Facebook Audience Network, Bing Ads, TikTok, Ve Interactive, AWIN, Google Remarketing, Facebook Custom Audiences and Microsoft Advertising
Affiliate Marketing Programs
AWIN
Allow Users to Connect to Their Third-Party Accounts
Conversiobot, Mailjet, SMTP2GO, Teamwork and Hotjar
Cloud Computing Services
Microsoft Azure, Amazon Web Services (AWS) and Google Cloud Platform
Communicate and Chat with Users
ConversioBot, Teamwork, SMTP2GO, Mailjet, Open Contact and ebot7
Content Optimisation
Youtube, Google Fonts and Google Tag Manager
Data Backup and Security
Microsoft Azure DNS, Entrust EV, Entrust SSL, Rackspace DNS and Rackspace
Functionality and Infrastructure Optimisation
Google Font API, Google Trusted Store and e-availability
Invoice and Billing
PayPal, Duologi and freedompay
Retargeting Platforms
Facebook Custom Audience, Facebook Remarketing, Google Analytics Remarketing, Google Ads Remarketing, Twitter Remarketing, Twitter Tailored Audiences and Feefo
Social Media Sharing and Advertising
Facebook advertising, Facebook social plugins and ShareThis
User Commenting and Forums
Facebook advertising, Facebook social plugins, ShareThis and Feefo Reviews
Web and Mobile Analytics
Facebook Ads conversion tracking, Facebook Analytics, Google Ads, Google Analytics, Google Tag Manager, Hotjar, AWIN, Crazy Egg, Wordpress Stats, Google Universal Analytics, Google Analytics Ecommerce, Google Analytics Enhanced Ecommerce, Google Conversion Tracking, Bing Universal Event Tracking, Facebook Pixel, Facebook Signal, Facebook Conversion Tracking, TikTok Conversion Tracking Pixel and More2
Website Hosting
Corby Fellas, Affinity Agency, WordPress.com, TDM Hosting and CloudFront
Website Performance Monitoring
Pingdom
Website Testing
Google Website Optimizer, CrazyEgg and Google Optimize 360

We also may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g. Google Maps API, Places API). To find out more about Google’s Privacy Policy, please refer to this link.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
Offer Wall. Our application(s) may display a third-party hosted 'offer wall'. Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. Such an offer wall may appear in our application(s) and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will be brought to an external website belonging to other persons and will leave our application(s). A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account with the relevant reward.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organisational and technical security measures.

We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by Log into your website account to update marketing preferences, Speak to a member of staff in-store to update marketing preferences, or by contacting us using the details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:
Log in to your account settings and update your user account.
Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at privacy@qdstores.co.uk.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Andy Jermy, by email at privacy@qdstores.co.uk, by phone at 01603 275200, or by post to:

QD Commercial Group Holdings LTD
Andy Jermy
110-112 Barrack Street
Norwick, Norfolk NR3 1TX
United Kingdom

If you are a resident in the United Kingdom, the 'data controller' of your personal information is QD Commercial Group Holdings LTD. QD Commercial Group Holdings LTD has appointed Andy Jermy to be its representative in the UK. You can contact them directly regarding the processing of your information by QD Commercial Group Holdings LTD, by email at privacy@qdstores.co.uk, by visiting https://www.cherry-lane.co.uk/, by phone at 01603 275200, or by post to:

112 Barrack Street
Norwich, Norfolk NR3 1TX
United Kingdom

If you have any further questions or comments, you may also contact us by post at the following corporate address:

QD Commercial Group Holdings LTD
Westbridge Lodge, Pendock Lane, Bradmore,
Pendock Lane, Bradmore,
Nottingham, Nottinghamshire NG11 6PQ
United Kingdom
Phone: (+44) 01603 275200

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by clicking here.

Privacy Policy Part B

Facewatch facial recognition is used in some of our stores for the prevention of unlawful acts including theft and violence against our staff and customers. We supply CCTV images of people entering our protected stores and receive alerts from Facewatch (www.facewatch.co.uk) if these match known subjects of interest. We display clear signage in all stores where Facewatch is used and a detailed privacy notice is available on request by emailing our contact for data protection enquiries (privacy@qdstores.co.uk).

Privacy Notice for client processing related to Facewatch

Company Name: QD Commercial Group Holdings LTD

Contact details for Data Protection enquiries:

Name: Andy Jermy

Email address: privacy@qdstores.co.uk

We use Facewatch facial recognition for the prevention of crime and protection of our staff and customers.

We supply facial images and incident details to Facewatch Ltd (Facewatch) of individuals reasonably suspected of having committed unlawful acts (Subjects of Interest). We also supply CCTV images of people entering our store(s) to Facewatch who, in real time, convert the images to biometric templates and compare them to their watchlist of Subjects of Interest and alert us if there are matches against SOIs relevant to our store (using proportionality rules). Biometric templates relating to faces not matched to the watchlist are deleted by Facewatch immediately to protect individual privacy and CCTV images are retained for up to 5 days in order to enable stores to report incidents post event.

We receive Facial Recognition Alerts instantly when a Subject of Interest enters our properties and these are always checked for accuracy by a staff member before acted upon them. If the staff member considers there is not a match between the alert they receive and the relevant person, they indicate this to Facewatch who instantly delete the alert data. If the staff member considers there to be a match with a subject of interest they indicate this to Facewatch who retain the alert data briefly in accordance with their policy.

We may access Facewatch CCTV images for up to 5 days in order to report unlawful acts carried out by an individual which we normally only identify after they have left the store.

The recipients or categories of recipients of the personal data include our staff and may include third parties who assist us with the prevention and detection of unlawful acts, including Facewatch, security guards and police as part of a formal post event crime report.

• The purposes of the processing is the prevention of unlawful acts against our customers, staff and business assets.

• The lawful basis for the processing of personal data is Legitimate Interest:

The legitimate interest for the processing is a compelling justification for us to protect our customers, staff and business assets from unlawful acts. Our Legitimate Interest Assessment is as follows:

It is our legitimate interest to be able to minimise the impact of unlawful acts by processing personal data to identify persons in our business properties who are reasonably suspected of having committed crime and taking reasonable and proportionate action. It is our legitimate interest to prevent crimes against us rather than just capture on CCTV crime that has taken place and report to police.

Our business is experiencing an ongoing crime problem. The business, staff and customers are experiencing significant harm as a result. We have tried reasonable measures other than Facewatch to prevent these crimes, including police reporting, human guarding (employees) and CCTV. These methods have failed to prevent the crime problem. We have considered the effectiveness of these and other methods to prevent crime. We consider it necessary to use Facewatch to prevent crime in our premises as we cannot reasonably otherwise protect our business, staff and customers from the harm caused by crime.

The processing of personal data and criminal offence data is necessary to achieve our legitimate purpose as it allows us to quickly and accurately identify individuals who are reasonably suspected of having committed crime, and to take reasonable and proportionate action in the circumstances. Without processing information in this way we would be unlikely to effectively identify such persons as they enter our properties, be less likely to prevent unlawful acts, and therefore more likely to experience crime, even with traditional tools available including security staff and/or CCTV monitoring. Reporting crime to police is similarly less effective than the use of Facewatch as this is post event rather than preventative.

We balance our legitimate interest against the individual’s interests, rights and freedoms. We distinguish those individuals reasonably suspected of having committed unlawful acts from all other persons entering our properties by the use of Watchlists and Facial Recognition Alerts. There is always a human involved to verify any possible match between an individual entering our properties and an image on a Watchlist or Facial Recognition Alert. In the event of a confirmed match we may take reasonable and proportionate action in the circumstances.

• We take particular care when the data subject is, or appears to be, under 18 years of age and do not share this data with Facewatch.

• The lawful basis for the processing of criminal offence data is that it is necessary for the prevention and detection of unlawful acts.

• Facial Recognition/Special Category data:

Facial recognition algorithms are defined as Special Category data. Any such processing is conducted by Facewatch as data controller who are able to comply with the additional legal requirements for this processing as explained on their website www.facewatch.co.uk.

• Retention Period

We do not retain alert data supplied to us by Facewatch. We retain facial images, descriptions, personal details and incidents details including CCTV footage of individuals reasonably suspected of having committed unlawful acts (Subjects of Interest) for a period of twelve months.

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