Privacy Policy

BACKGROUND:

The Fish People understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.thefishpeople.com (Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is deemed to occur upon your first use of Our Site. You will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account”means an account required to access and/or use certain areas and features of Our Site;“Cookie”means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below; and[“Cookie Law”means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;]

2. Information About Us

Our Site is owned and operated by The Fish People Scotland Ltd, a Limited company registered in Scotland under company number SC338564.

Registered address: 29 Portland Road, Kilmarnock, Scotland, KA1 2BY.

Address: 350 Scotland Street, Glasgow, G5 8QF.

VAT number: 751286723

Data Protection Officer: Laura Bell.

Email address: enquiries@thefishpeople.com.

Postal Address: 350 Scotland Street, Glasgow, G5 8QF.

3. What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

a)            The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.

b)            The right to access the personal data we hold about you. Part 13 will tell you how to do this.

c)            The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.

d)            The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 15 to find out more.

e)            The right to restrict (i.e. prevent) the processing of your personal data.

f)             The right to object to us using your personal data for a particular purpose or purposes.

g)            The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

h)            Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

6. What Data Do We Collect?

Depending upon your use of our Site, we may collect some or all of the following personal and non-personal data (please also see Part 14 on our use of Cookies and similar technologies [and our Cookie Policy https://ico.org.uk/your-data-matters/online/cookies/]):

·         Name

·         Date of birth

·         Gender

·         Address

·         Email address

·         Telephone number

·         Business name

·         Job title

·         Profession

·         Payment information

·         Information about your preferences and interests

·         IP address

·         Web browser type and version

·         Operating system

·         A list of URLs starting with a referring site, your activity on our Site, and the site you exit to.

7. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

·         Providing and managing your Account.

·         Providing and managing your access to our Site.

·         Personalising and tailoring your experience on our Site.

·         Supplying our products and/or services to you. Your personal details are required in order for us to enter into a contract with you.

·         Personalising and tailoring our products and/or services for you.

·         Communicating with you. This may include responding to emails or calls from you.

·         Supplying you with information by email and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by emailing enquiries@thefishpeopleshop.co.uk

·         Analysing your use of our Site and gathering feedback to enable us to continually improve our Site and your user experience.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.]

Third Parties whose content appears on our site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

We use automated profiling and analysis tools to help us understand customer interests and purchasing behaviour, improve our services and make our marketing more relevant.

This may involve analysing information such as purchases, browsing activity, interactions with our website and advertisements, email engagement, marketing preferences and, where permitted, information collected through cookies, similar technologies or advertising platforms.

We may use services provided by Shopify, Google, Meta and our email marketing provider, as applicable, to analyse customer activity, measure marketing performance, create or use advertising audiences, deliver targeted advertisements and segment customers for relevant promotional communications.

The lawful basis for this processing depends on the activity concerned. We rely on the applicable lawful basis under data protection law and obtain consent where required, including for non-essential cookies and similar technologies used for advertising and tracking.

You can manage your cookie preferences through our cookie settings. You can also object to the use of your personal data for direct marketing, including profiling related to direct marketing, at any time.

For further information about our use of personal data, or to exercise your data protection rights, please contact us using the details provided in Part 15 of this Privacy Policy.

8. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary for the purposes for which it was collected, including to meet our legal, accounting and reporting obligations, resolve disputes and enforce our agreements.

We generally apply the following retention periods:

• Customer and order records: We retain information relating to purchases, orders, invoices, refunds and transactions for up to six years after the end of the relevant financial year, where necessary to meet our accounting, tax and legal obligations.

• Customer account information: If you create an account with us, we retain your account information while your account remains active. If your account is closed, we will delete or anonymise information that we no longer need, subject to any legal obligations or other lawful reasons for retaining it.

• Payment and fraud prevention information: Payment information is generally handled by our payment service providers. We may retain transaction records and information relating to suspected fraudulent activity for as long as reasonably necessary to process payments, prevent fraud, investigate disputes and meet our legal obligations.

• Marketing and email preferences: We retain your marketing contact details and preferences while you remain subscribed to our marketing communications. If you unsubscribe, we will stop sending you marketing communications and retain only the information necessary to record and respect your opt-out, where appropriate.

• Website analytics, cookies and advertising data: Information collected through website analytics, cookies and advertising tools is retained in accordance with our cookie settings, the retention controls available within the relevant platforms and the purposes for which the information is used. Where possible, we use aggregated or anonymised information for longer-term analysis.

• Customer service and correspondence: We retain enquiries, complaints and other correspondence for as long as necessary to respond to you, manage our relationship, resolve any issues and meet relevant legal obligations.

• Technical logs and security records: We retain website logs, security records and related technical information for a period appropriate to the security, troubleshooting and operational purposes for which they were collected.

9. How and Where Do You Store or Transfer My Personal Data?

Our online shop is provided by Shopify, which acts as a data processor on our behalf. This means your personal data may be stored and processed outside the United Kingdom, including in Canada and Singapore, where Shopify and its service providers operate.

Where your personal data leaves the UK, it is protected by appropriate safeguards. Shopify relies on the International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for transfers out of the UK, and on Binding Corporate Rules between Shopify group companies. Our contracting entity for these purposes is Shopify International Ltd. The security of your personal data is essential to us, and we take a number of measures to protect it, including the following:

Shopify's security measures include restricted access to systems, two-factor authentication for access to its systems, vulnerability assessments and penetration testing, application security controls, and measures designed to protect data integrity during transmission, storage and processing.

We also take steps to protect access to our own Shopify administration account and connected business systems by restricting access to authorised personnel and using appropriate account security measures.

No method of electronic storage or transmission is completely secure. However, we take reasonable steps to ensure that your personal data is handled securely and in accordance with applicable data protection law.

10. Do You Share My Personal Data?

We do not sell your personal data. We do share it with a small number of service providers who process it on our behalf and only on our instructions. These currently include Shopify, which hosts our online shop and processes orders and payments, and our delivery couriers, who receive the name, address and contact details needed to deliver your order. In addition, in limited circumstances we may be legally required to share certain personal data, for example if we are involved in legal proceedings or complying with a court order.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

11. How Can I Control My Personal Data?

11.1       In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details and by managing your Account).

11.2       You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

12. Can I Withhold Information?

You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14 https://ico.org.uk/your-data-matters/online/cookies/.

13. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

we will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

14. How Do You Use Cookies?

Our shop places cookies on your computer or device. Some are strictly necessary to run the shop, your basket and the checkout, and others are used for analytics and marketing. Full details of every cookie, what it does and how long it lasts, together with how to control them, are set out in our Cookie Policy.

15. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details;

Email address: enquiries@thefishpeopleshop.co.uk

Postal Address: 350 Scotland Street, Glasgow, G5 8QF.

16. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our Site following the alterations. we recommend that you check this page regularly to keep up-to-date.