1. Introduction

Naked Wines UK is committed to respecting and protecting our customers' privacy and treats it with the same respect as our wine selection. This policy applies where we are acting as a data controller with respect to your personal data, in other words, where we determine the purposes and means of the processing of such personal data. It captures personal data entered across all channels: through our website, app, or via our Customer Happiness / Wine Advisor Team.

We incorporate marketing preferences in your online account, which affect how we will process your personal data. By using the marketing preferences functionality, you can specify whether you would like to receive direct marketing communications and limit the use of your information. You can access the marketing preferences via www.nakedwines.com/account/communicationpreferences

Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it.

2. How we use your personal data

In this section we outline how we may process your personal data. All personal data we process falls into one or more of the following categories:

• Order data;
• Date of birth data;
• Transaction data;
• Financial data;
• Internal social data;
• Usage data;
• Communication data;
• Enquiry data;
• Digital marketing data; and
• CCTV.

We may process your order data ("order data"). The order data may include your name, billing address, delivery address, phone number and email address. The order data will be processed for the purposes of delivering your wine orders to you. The legal basis for this processing is the performance of a contract between you and us.

We may process your date of birth (“date of birth data”). Your date of birth will be processed for the purposes of confirming you are 18 or over and therefore legally able to purchase alcohol. The legal basis for this processing is compliance with legal obligations, namely the Licensing Act 2003.

We may process your transaction data (“transaction data”). The transaction data may include information relating to your previous transactions, including purchases of goods or services and Angel payments. The transaction data may include your name, billing address, delivery address, telephone number, email address and purchase history. It may be processed for the purposes of supplying the purchased goods or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us. Your transaction data may also be used to personalise offers and messages based on the products you order. The legal basis for this processing is our legitimate interests, namely providing better services to you including marketing based on your preferences. If you do not wish to receive personalised offers, you can exercise your right to object.

We may process financial information (“financial data”) you share with us. The financial data may include your encrypted card details, name and billing address. The financial data may be processed for the purposes of processing your Angel payments, speedy check-out, easy refunds and to prevent fraud. The legal basis for this processing is the performance of a contract between you and us.

We may process information that you post for publication on our website or app, such as wall posts or product ratings and reviews ("internal social data"). This internal social data is public, and may be processed for the purposes of enabling interaction on the website or app between customers, winemakers and staff, and providing feedback to our winemakers on their products. We may also use your posts or reviews in our marketing materials to help us tell other customers about our products and services. In instances where internal social data is stored in an unstructured format (such as free text reviews and wall posts) it is exempt from our data retention rules, however may be deleted upon request. The legal basis for processing internal social data is consent.

We may process data about your use of our website or app, and reaction to our emails and services ("usage data"). The usage data may include your geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use and your ratings. The sources of the usage data are our analytics packages (including, but not limited to Google Analytics) and email service providers. This usage data may be processed for the purposes of analysing the use of the website, emails and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services. Your usage data may also be used to personalise offers and messages to you. The legal basis for this processing is our legitimate interests, namely providing better services to you including marketing based on your preferences. If you do not wish to receive personalised offers, you can exercise your right to object.

We may process information that you provide to us for the purpose of subscribing to our direct marketing communications ("communication data"). The communication data may include your name, email address, postal address, phone number or marketing preferences (update them here: www.nakedwines.com/account/communicationpreferences). This communication data may be processed for the purposes of contacting you with service notifications, such as that your order has been processed, or contacting you with relevant offers and messages. The legal basis for this processing is performance of a contract for service notifications and legitimate interests for direct marketing communications.

We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). This enquiry data may be processed for the purposes of providing clarification, resolving issues or marketing relevant goods and/or services to you. The legal basis for this processing is the performance of a contract between you and us and to ensure we are responding to your enquiry.

We may process information that you provide to us for the purpose of improving our marketing (" marketing data"). We may use marketing data in a number of different ways: either to advertise our products and services to you on third party websites such as Facebook or via post, or to advertise our products and services to similar customers (lookalikes) on third party websites such as Facebook. We may also use marketing data to exclude you from seeing advertisements from third party websites such as Facebook or from receiving our advertisements via post. The marketing data may include your name, email address, billing address, phone number, date of birth, gender, and the user ID of any social platforms you have connected with us on. The legal basis for this processing is our legitimate interests, namely providing better services and enhancing our customer base.

Please be aware that CCTV is in operation in our head office and delivery depot.

We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

Please do not supply any other person's personal data to us, unless we prompt you to do so. If you do share your friends’ details with us, please ensure you have their authorisation.

3. Providing your personal data to others

We do not, and will not, sell any of your personal data to any third party – including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that.

However, we may disclose your personal data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this policy:

• to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy;
• to our insurers and professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice;
• to companies approved by you, such as Facebook and other social media sites (if you choose to link your accounts to us);
• to companies that we engage to provide database profiling and de-duping services to give us insights about our existing and potential customers;
• to companies that do things to get your wine orders to you, such as warehouses, order packers and delivery companies; and
• to deliver exciting news and offers to you we will use postal printing and mailing, as well as email and third party marketing service providers.

Financial transactions relating to our website, app and stores are handled by our card payment service providers. We will share transaction data with our payment service providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

We will also disclose your information to third parties:

• in the event that we take steps to sell or merge any of our business or assets (including by way of merger, share or asset sale), in which case we will disclose your data to the prospective buyer or merged entity; or
• if we or substantially all of our assets are acquired by a third party, in which case information held by us about you will be one of the transferred assets.

In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data with law enforcement and fraud prevention agencies, so we can help tackle fraud or where such disclosure is necessary for compliance with a legal obligation to which we are subject, in order to protect your vital interests or the vital interests of another natural person, or in connection with the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative out-of-court procedure.

4. Transfers outside of the European Economic Area (EEA)

We have model clauses in place across our group of companies, listed in our most recent annual report: www.nakedwinesplc.co.uk. Your data could be processed by our staff working outside the EEA, in particular the United States of America and Australia. We will take all reasonable steps to ensure your information is treated securely and in line with this policy. You acknowledge that personal data that you submit for publication through our website, for example wine reviews, may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5. How long we retain your data

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

If you have claimed a voucher but not subsequently purchased from us, we will retain your data for 3 months, from the point at which the voucher was claimed, to give you sufficient time to benefit from the offer.

If you have registered on our website but not purchased from us, the length of time we will retain your data is dependent upon whether you have opted into our marketing communications. If you have opted in, we will retain your data for 2 years since your last interaction; if you have not opted in, we will retain your data for 30 days from registration.

Whilst you are an active customer (which, for the avoidance of doubt, means you have purchased from us) we will retain your data for as long as needed to give you the best possible customer service. We will anonymise your personal data 7 years after your last transaction (sale, refund or Angel payment) provided you have not interacted with us for 2 years. For the purposes of this policy, an interaction is defined as an identifiable website or app session, or contacting our Customer Happiness / Wine Advisor Team. We will inform you before we anonymise your data and give you the option for us to retain your details so we can continue to serve you.

As long as you have an Angel balance or are a Bondholder we will always retain your data.

If you have submitted somebody else’s data (with their authorisation) as part of our “invite a friend” promotion, we will retain their data for 30 days to give them sufficient time to claim the offer, and to enable us to reward you for the referral.

In all instances outlined above, the process of anonymising your data may take up to one calendar month.

In certain circumstances we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, to resolve disputes and enforce our agreements.

6. Your rights

You have a number of rights in respect to your personal data. We have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights. You may exercise any of your rights in relation to your personal data by either (a) emailing us on help@nakedwines.com or dataprotection@nakedwines.com, or (b) calling our Customer Happiness Team.

A. Right of access
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge. In order to fulfil this right we will ask for government registered ID to confirm your identity and, once this is received, will respond with the relevant information one calendar month from the date of your request.

B. Right to rectification
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

C. Right to erasure
In certain circumstances you have the right to the erasure of your personal data without undue delay. However, there are exclusions of the right to erasure, such as where processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, or for the establishment, exercise or defence of legal claims. If you have entered into a transaction with us, we will keep a record of your personal data for 7 years following the date of your last transaction with us. We will endeavor to respond to your request within one month, but if your request is complex or we receive a number of similar requests at the same time, it might take us longer, in which case we will inform you within one month of the receipt of the request and explain why we think an extension is necessary.

D. Right to restriction on processing
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: (a) you contest the accuracy of the personal data, (b) processing is unlawful but you oppose erasure, (c) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims, and (d) you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: (a) with your consent, (b) for the establishment, exercise or defence of legal claims, (c) for the protection of the rights of another natural or legal person, or (d) for reasons of important public interest.

E. Right to objection to processing
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: (a) the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or (b) the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless (a) we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or (b) the processing is for the establishment, exercise or defence of legal claims.

You also have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

F. Right to data portability
In certain circumstances, you have the right to receive your personal information in a structured, commonly used and machine-readable format and to transmit that information to another controller to enable it to use the data. The right to data portability applies (a) to personal data you have provided to us as data controller, (b) where the processing is based on the your consent or for the performance of a contract and (c) when processing is carried out by automated means. If you request this information, we will transmit the data directly to another controller, if this is technically feasible. We are, however, not required to adopt or maintain processing systems that are technically compatible with other controllers. Also, if the personal data concerns more than one individual, we must consider whether providing the information would prejudice the rights of other individuals.

If you exercise your right to data portability, we will endeavor to respond to your request within one month, but if your request is complex or we receive a number of similar requests at the same time, it might take us longer, in which case we will inform you within one month of the receipt of the request and explain why we think an extension is necessary.

G. Right to stop marketing messages
At any time you can amend your marketing preferences to reduce, remove or increase the amount we contact you with direct marketing communications. You can do this by accessing your account here: www.nakedwines.com/account/communicationpreferences

H. Right to withdraw consent
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time.

I. Right to complain
In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at help@nakedwines.com and we will endeavour to deal with your request as soon as possible. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. Our supervisory authority is the Information Commissioner’s Office. You can contact them here: https://ico.org.uk

7. Recruitment

For details of the way we process information relating to external candidates please refer to our recruitment data retention policy: www.nakedwines.com/terms#recruitmentdata

8. Cookies

We use cookies on our website. For more information on cookies, please see our cookie information: www.nakedwines.com/terms#cookieinfo

9. Amendments

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy.

10. Data Protection Officer

As a company we do not have a data protection officer, but we do have a team trained to help with any data protection query. If you have any concerns or questions about how we protect your privacy, please contact the team either on help@nakedwines.com or on dataprotection@nakedwines.com