This version was last updated on April 2021.
2.5 THIRD-PARTY LINKS
3. THE DATA WE COLLECT ABOUT YOU
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2 We collect personal information about you when you use our website ("Website") or otherwise interact with us via other channels such as social networks.
3.3. We collect information that you provide to us when registering for our Osaka Bay Club, communicating with us, making enquiries, completing our partnership application form or visiting/using our Website. This includes your name, username, password, address, date of birth, email address, telephone number, your location, social media profile information (where you reach out via social media such as Facebook or Instagram) and content of your communications. We also collect transaction information from when you make a purchase including your payment credit card information and the products you buy. This also includes profile information such as the products you like.
3.5 In specific instances, we may need to collect additional data for the purposes explained to you at that time.
3.6 We work with third parties (including, for example sub-contractors) who may collect personal information from you and pass it on to us. Where this is the case, the relevant third party is responsible for notifying the details of the same to you and for obtaining the relevant consents from you (if necessary).
4. HOW IS YOUR INFORMATION USED AND WHAT IS THE LEGAL BASIS FOR THIS USE?
4.1 We process your information for the following purposes:
4.1.1 To fulfil a contract. This includes:
- administering our reward club Osaka Bay Club;
- to process and fulfil any orders, subscriptions or other purchase made;
- to provide customer service;
- to process your payments;
- to verify your identity;
- to process any entries that you make into competitions run by us;
4.1.2 To conduct our business and pursue our legitimate interests, in particular:
- to communicate with you about products, services and offers that may be of interests to you;
- to provide products you have requested and for customer services purposes to respond to any comments or complaints you send us;
- to continuously improve our products and services and personalise your experience online;
- to notify you about changes to our Website;
- to provide you access to our Website and to improve your user experience;
- to better understand our customers, how often they come to and how long they spent in our Website;
- for market research and customer services purposes.
4.1.3 Where you give us your consent:
- we send you marketing communications;
- we place cookies;
- on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
4.1.5 For purposes which are required by law:
- responding to court orders, subpoenas or other legal processes with which we are required to comply;
- for crime and fraud prevention, detection and related purposes.
4.2 In certain circumstances, some of the above grounds for processing will overlap and there will be several grounds which justify our use of your personal information.
4.4 You aren't always required to give us your personal data, but where we need to collect or process your personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested (or fail to consent to the processing of that data, if necessary), we may not be able to perform the agreement or arrangement we have or are trying to enter into with you, or provide you with certain of our goods and services.
5. WITH WHOM DO WE SHARE YOUR INFORMATION?
5.1 Third Party Service Providers working on our behalf
In order to make certain services available to you, we may pass your information to our third-party service providers, suppliers. subcontractors. These include IT, Website hosting, marketing service providers and payment processors (for example, to process deliveries and send you your order confirmation).
5.2 Third Parties with whom we transact
If any of our businesses enter into a joint venture with, purchase or are sold to or merge with another business entity, your information may be disclosed or transferred to the target company, our new business partners, administrators, or owners or their advisors.
5.3 Sharing to comply with legal obligations
We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with any legal obligation.
5.4. Data Transfers
In addition to the data sharing described in section 5.1, 5.2 and 5.3, the information that we collect from you may, where lawful, be transferred to, and stored at, a destination outside the UK or the European Economic Area ("EEA").
Where we do so, we will sure that transfers:
- are made to countries that have been deemed to provide an adequate level of protection to personal data; or
- are carried out under standard contractual clauses approved by the European Commission as providing appropriate safeguards, copies of which are available to view on the Commission’s website (https://ec.europa.eu).
6. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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:
6.5.1. If you want us to establish the data’s accuracy.
6.5.2. Where our use of the data is unlawful but you do not want us to erase it.
6.5.3 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.
6.5.4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
6.6 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.
6.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact email@example.com.
7. HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
7.1 Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
7.2 Where we process personal data in connection with performing a contract, subscription or for a competition, we keep the data for 3 years from your last interaction with us.
Some of our kiosks and other businesses are run by franchisees. A franchisee is a separate business that has a licence to sell produce under one of our brands.
Each franchisee is responsible for compliance with privacy laws, and we place strict burdens on franchisees to ensure that they do so. Occasionally, there may be an exchange of personal data with a franchisee where it is necessary: for example, if you have raised a query with us about a matter that relates to a franchised kiosk, we would be required to discuss that issue with the franchisee, which would involve the use of your personal data for this purpose.