This privacy policy was last revised on 8 March 2019
Privacy policY
Welcome to our website www.brndandco.uk (the "Website"). This privacy policy, and any policies or documents to which a link is provided in it (collectively, the "Terms") set out the terms of use and sale that apply to the Website and the mobile websites or applications owned by and/or operated by or on behalf of Brand by Brand Limited (the “Applications”).
As the context requires, references to “Platforms” in these Terms shall include both the Website and the Applications.
Please read these Terms carefully and make sure that you understand them, before using the Platforms.
If you have any questions regarding the Platforms or these Terms, or in the unlikely event that you have any complaints about any products purchased by you from the Platforms, you can contact us at:
Brand by Brand Limited T/A BRND & Co,
105 – 111 Euston Street,
London,
NW1 2EW
1. Understanding these Terms
1.1. When certain words and phrases are used in these Terms, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.2. When we refer to “Brand by Brand”, "we", "us" or "our", we mean Brand by Brand Limited. Where we refer to "you" or "your" we mean you, the person using the Platforms.
1.3. We have used headings and paragraph numbers to help you understand these Terms and to easily locate information. These Terms are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Platforms, so we recommend that you print or save a copy of these Terms for your records (but please note that we may amend these Terms from time to time so please check the Platforms regularly, and each time you intend to order any products and services made available by us for purchase over the Platforms, to ensure you understand the legal terms which apply at that time).
2. Our stance on privacy
2.1. Brand by Brand is committed to respecting your privacy and complying with applicable laws and regulations to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully.
2.2. Your personal information will be held and managed by Brand by Brand Limited. By visiting and using the Website and Applications that we make available from time to time or by visiting a Brand by Brand store for the purchase or sampling of products or for interacting with our content and/or services or by contacting our Customer Services Team, you acknowledge that you have read this Privacy Policy. You must be at least 13 years old to use the Website and Applications. If you are under 13 or a minor in your country or state of residence, please ask your parent or legal guardian to provide their information for you.
2.3. This Privacy Policy covers all personal information about you that we collect, use and otherwise process in connection with your relationship with Brand by Brand as a customer or potential customer. Brand by Brand will collect and use your personal information as described in this Privacy Policy and as permitted by applicable laws, including in circumstances where: (i) it is necessary to provide or fulfil a service requested by or for you; (ii) you have given us your express consent; or (iii) it is necessary for one or more of the following legitimate interests pursued by Brand by Brand:
To analyse, profile and monitor customer patterns and better understand the interests and preferences of our key customer audiences so we can consistently improve our products and services.
To offer an enhanced customer experience and service, including by ensuring we personalise the Website and Applications and (if applicable) Brand by Brand updates relating to products, services and events to make them more relevant to our customers’ specific preferences.
To ensure the proper functioning and security of our services, Website and Applications, for example by preventing fraudulent transactions.
To analyse the footfall in Brand by Brand stores and at Brand by Brand promotions or events for internal reporting purposes and to ensure adequate and appropriate product and resources.
To ensure we continue to comply with applicable laws, for example in maintaining the accuracy of our records.
3. What personal information we collect and how we use it
When you register for an account with us (whether online or in-store), place an order, interact with our digital content on your computer or mobile device, visit a Brand by Brand store, request an in-store service or send us an enquiry, we will collect certain information from you. We will indicate whether this collection involves personal information and, if it does, whether providing your personal information is voluntary or mandatory for the service. Please be aware that where collection is mandatory, we may not be able to provide the relevant products or services to you if you do not provide that information to us. Please select from the different sections of this Privacy Policy to learn more about what personal information we collect and how we use it.
3.1. Account management and customer profile information
3.1.1. We may collect the following information: your name, postal address, phone numbers, e-mail addresses, credit card numbers and other payment information. You acknowledge that we may also obtain information about you as a result of authentication or identity checks (for example in connection with our standard fraud checks when you make a purchase on our Website or Applications). We use this information to identify you as a customer, to process your order, to deliver products and services, to process payments, to update our records and to generally manage your account with us under our terms with you. Providing us with personal information is voluntary but we may not be able to process your order and send you the required order acknowledgement and shipping confirmation e-mails if you do not provide us with certain requested information.
3.1.2. Where permitted under applicable laws or with your consent (if so required by applicable laws), we may use information about how you use our Website, Applications and any in-store services to personalise our communications to you, tailor the content appearing on our Website and Applications and how these appear to you and to personalise our in-store service to you, so as to make the Website, our Applications and our services and communications more relevant to you and to enable your use of any interactive features of our services.
3.1.3. If you have a customer account (whether created online or in-store), you acknowledge that we may also collect information about the products you browse online or purchase, where you purchased the products from and other information related to your purchases or which is otherwise relevant to your customer relationship with Brand by Brand. We may also ask for your birthday and gender or you may provide us with information about yourself, your product size preferences and lifestyle interests on our Website or Applications or when using interactive content in Brand by Brand store or events. We use your customer account and profile information to offer you an enhanced service according to your preferences, including by identifying relevant products, services and events which may be of interest to you, personalising your experience with Brand by Brand and to share with you information about your past purchases.
3.1.4. We may also use your personal information to contact you in relation to service-related matters, including, on occasion, to request and respond to feedback on your experience in-store and/or on our Website and/or Applications, and to assist you in relation to prospective purchases on our Website and/or Applications, where permitted to do so in accordance with applicable laws or if we have your consent to do so if required by applicable laws.
3.1.5. We may also use your personal information for our internal marketing analysis and demographic studies, together with non-personal information, to analyse, profile and monitor customer patterns so we can consistently improve our products and services and understand what may be of interest to you and other customers. This means that we can offer more personalised and integrated shopping and interactive experiences to our customers across our stores, our Website and Applications.
3.1.6. We may supplement information we collect about you with marketing and demographic information which we receive from affiliated third-party companies, in addition to other information which is available in the public domain or which we are otherwise lawfully permitted to be provided with, in order to ensure the accuracy of our records, better understand the interests and preferences of our key customer audiences and improve our service to our customers. If you don’t want us to use your personal information in this way then you can contact us at any time to ask us to stop (see “Contacting Brand by Brand" below).
3.2. Device and location information
3.2.1. We collect information about the device you are using to connect to the services on our Website, Applications or any interactive content we may provide. This includes the type of device you use, your internet browser, your location based on the unique identifier for your device such as an Internet Protocol address or a code for an Application running on your device. When you attend a Brand by Brand store or event, we may also use technologies that connect to the functionality on your mobile device (such as Bluetooth and GPS) and collect information based on Wi-Fi, mobile phone masts, beacons and other in-store technology.
3.2.2. We use this information to ensure the proper functioning and security of our Website and Applications, to optimise our services to you and to better understand how our content and services are used and their effectiveness. The information collected in-store through your mobile device using these technologies also gives us aggregated and anonymous statistics about footfall traffic in our stores and information about the average gender, size, height, ethnicity and country of origin of our visitors but it is not used for, or available to, Brand by Brand at an individual visitor level.
3.2.3. Where you request location services provided by us, for example in order to find the nearest store to you or to provide more precise location based content, we will either: (i) do a look up against address information given by you, such as using your postcode to find our nearest store; (ii) look at the country in which you are in according to the unique identifier (e.g. an IP address) for your device; or (iii) if you enable location services on your mobile device, we may establish your real time location relating to the latitude and longitude of your mobile device, through GPS signals, Bluetooth or Wi-Fi connection information including MAC addresses perceived by your device, where this is available. In the case of mobile device location services, you can change your location preferences at any time by managing your device settings.
3.3. Cookies
3.3.1. Cookies are small pieces of information which are issued to your device when you visit a website or some applications and which store and sometimes track information about your use of the Website or Applications. When you enter our Website or Applications our web server sends a cookie to your device which allows us to recognise your device. By associating the identification numbers in the cookies with other customer information that you provide when for example you log-in to the Website or Applications, then we know that the cookie information relates to you.
3.3.2. We use cookies, local storage and other similar technologies which may place codes on or access information from and/or about your device to elevate your user experience and the quality of our Website, Applications and service. This includes keeping track of what you have in your shopping bag, remembering you when you return to our Website, identifying how you navigate around the internet, including where you click, and which website you arrived from. We may also use cookies and other technologies to understand how parts of our Website are used, and may also partner with third party advertising networks who may use cookies in helping us display advertising that is relevant to you on other websites that you visit and to enable us to assess the effectiveness of that advertising.
3.3.3. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of our Website or Applications may not work if you delete or disable cookies. Some of our Service Partners (discussed below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.
3.3.4. We use Google Analytics on our Website to collect usage data, to analyse how users use the Website, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/
3.3.5. We inform you where relevant of our use of cookies and other device identifiers on arriving at our Website, Applications or, if required by applicable laws, on entering relevant stores. You acknowledge and agree that by continuing to use our Website or Application or services without managing your cookie and device choices and preferences, that you consent to our cookie and device identifier settings and agree that you understand our Cookies Policy. Please be aware that restricting certain cookies or other device identifiers will impact on your user experience and may prevent you from using part of our Website or Applications.
3.3.6. Please see the Cookies Policy for more information about cookies and other technologies which are used on our Website and Applications, including information on how you can manage your cookie choices and preferences.
3.4. Wi-fi usage information
If you register for our free Wi-Fi service at our stores or events, we will collect certain information about your device, including MAC or IP address, connection date and time and the location(s) at which you connected to our Wi-Fi Service, for the purpose of providing the Wi-Fi service under our terms with you. When you connect to our Wi-Fi service you will be directed to our Website and we may collect and process information using “cookies” and other similar technologies. For more details please see “Device and location information” and “Cookies” above.
3.5. Communications with customer service team
3.5.1. If you call our Customer Service team, please note that calls may be recorded in order to enable us to better serve our customers, for quality assurance purposes and to ensure an accurate record relevant to any transaction under our terms. Recordings of calls are retained for 90 days.
3.5.2. If you contact our Customer Service Team by live chat from our Website or Applications, by email or phone, our Customer Service consultants may collect your personal information and use this information to identify you as a customer, help with your query, process your order, deliver products and services, process payments, update our records and to generally manage your account with us under our terms with you.
3.6. Information about your friends
We sometimes run promotions (for example on social media platforms) where you can tell us about a friend or someone else who you have a personal relationship with and two-way communications based on your shared interests, experiences, opinions and any other relevant factors (a “Friend”) who may be interested in our products, services, Website or Applications. You may only provide us with information about your Friend with their permission. If your Friend gives you their permission to provide us with their details, then we will only use their information for that reason and not to send them any other unrelated offers. We may also mention that it was you who shared their details with us in the message we send to them.
3.7. Children’s privacy
You must be at least 13 years old to use our Website and Applications. If you are under 13 or a minor in your country or state of residence, your parent or legal guardian must provide their information and agree to this Privacy Policy on your behalf and you may only access and use our Website and Applications with permission from your parent or legal guardian. We do not knowingly collect personal information from children under the age of 13 or equivalent minimum age depending on jurisdiction. If we become aware that we have inadvertently received personal information from a child under the age of 13 or equivalent minimum age depending on jurisdiction, we will delete such information from our records.
3.8. Advertising and online tracking
We may allow third-party companies to serve ads and collect certain anonymous information when you visit our Website. These companies may use non-personally identifiable information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Partners who utilize these cookies on our Website enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us (see "Unsubscribe from Brand by Brand updates" below).
3.9. Notice to California residents/Your California privacy rights
To opt out of sharing your personal information with third parties for their direct marketing purposes, please e-mail us at enquiries@brandbybrand.co.uk and clearly state your request, including your name, mailing address, e-mail address and phone number. Please see "Unsubscribe from Brand by Brand updates" for additional information.
4. Receiving and unsubscribing from Brand by Brand updates
4.1. Brand by Brand updates
4.1.1. We can only send you Brand by Brand updates about our products, services and events with your consent. If you have provided your consent, you can withdraw it at any time (see "Unsubscribe from Brand by Brand updates" below).
4.1.2. If you have consented, we will send you Brand by Brand updates through the preferred communication method you selected (e.g. by e-mail, post, phone or messaging services). If you have enabled push notifications on the Applications or your mobile device, we will send you Brand by Brand updates on your phone.
4.1.3. We may also obtain personal information where you “like” us, create posts or otherwise interact with our pages on social media platforms and may in response, use this information to communicate with you or provide relevant content via those social media platforms about our products, events and promotions where permitted to do so in accordance with applicable laws. Please refer to the privacy policies of the social media platforms for information about how they collect and use your personal information.
4.2. Unsubscribe from Brand by Brand updates
4.2.1. If you have registered to receive Brand by Brand updates relating to our products, services and events, and you no longer wish to receive these, you can request that we amend your preferences. You can do that either as indicated in the particular communication, e.g.by using the unsubscribe link which is included on all email updates, or by amending your preferences online (see ‘Your rights in relation to your personal information’ below). Brand by Brand will stop sending updates in respect of which you withdraw your consent within a reasonable period and in any event within 28 days of receiving your request, in order to allow sufficient time for the change to be administered. You may opt out of receiving push notifications on your phone by changing through the settings on your mobile device or in the ‘Account Settings’ on the Application.
4.2.2. If you opt out of receiving Brand by Brand updates relating to our products, services and events, we may still send you non-marketing communications such as emails about your account or purchases you have made from the Website or Applications.
5. Who we share your personal information with
5.1. In certain circumstances, we may share your personal information with other companies in the Brand by Brand group (including joint ventures) globally (“Affiliated companies”) and selected service providers (including franchisees and licensees) who sell or promote Brand by Brand products and services or perform other functions on our behalf such as fulfilling orders, processing payments, and carrying out promotional services or data management as permitted by applicable laws or with your consent (if so required by applicable laws) as further described below (“Service providers”). We may also share aggregated or anonymised information that does not directly identify you. Please select from different sections of this Privacy Policy below to learn more about who we may share your information with and when.
5.2. Service partners
We may share information about you with companies we have chosen to handle our order dispatch service, any delivery company that we may use from time to time and with other companies that provide support services to us, including website hosting companies. We may also share your information with other companies who sell or promote Brand by Brand products and services in order to provide you with an enhanced customer experience. In addition, we may also share certain limited information with companies who assist Brand by Brand with other services, for example, in analysing our customer data in order to better understand, profile and monitor customer patterns so we can consistently improve our products and services and understand what may be of interest to you and other customers. In each case, we will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes. They will only be allowed to use your information in the way in which we instruct them and as permitted by applicable laws.
5.3. Financial institutions and payment processing partners
Payments using our Website or Applications are made through our payment solutions providers. You will be providing credit or debit card information direct to our providers who process payment details further.
5.4. Legal disclosures
In certain circumstances (where required or permitted under applicable laws or with your consent (if so required by applicable laws), we may disclose personal information relating to you to third parties in other jurisdictions in order to conform to any requirements of law, to comply with any legal or regulatory process, for the purposes of obtaining legal advice, for the purposes of credit risk reduction, to prevent and detect fraud and/or to protect and defend the rights and property of Brand by Brand and other members of the Brand by Brand group. At all times where we disclose your information for the purposes of credit risk reduction and fraud prevention we will take all steps reasonably necessary to help ensure that it remains secure.
5.5. Business or process change partners
In the event that we or a part of our business undergo re-organisation or are sold or licensed to a third party, any personal information we hold about you may be transferred to that re-organised entity, licensee or third party.
5.6. Overseas transfers of data
5.6.1. The personal information that you provide through the Website and/or Applications is processed in the United States and is stored on servers in the following countries: United States of America and Ireland.
5.6.2. We may transfer information that we collect from you to other companies in the Brand by Brand group, joint ventures, franchisees, licensees, other companies who promote and sell Brand by Brand products and services and to selected service providers who perform functions on our behalf (each as described above), based in countries outside of the U.K. and the European Economic Area ("EEA") or your country of residence and this information may be stored and processed in such countries.
5.6.3. Personal information stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement in that jurisdiction according to its laws. Whether the personal information you provide to us is processed by us or our Affiliated Companies or services providers within the U.K. or EEA or outside of it, we will take steps to ensure that your personal information will be afforded the level of protection required of us under and in accordance with this Privacy Policy and applicable data protection laws and in accordance with current legally recognised data transfer mechanisms, such as a valid Privacy Shield certification (in the case of a data transfer to a Privacy Shield certified US recipient - https://www.privacyshield.gov/welcome) or appropriate EC approved standard contractual clauses (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm)
6. Your rights in relation to your personal information
6.1. You may have the right under applicable laws to ask for details of the personal information we hold about you, to amend, limit or delete your personal information, or ask for a copy of the personal information you gave us. You can also withdraw any consent you give to us at any time and object to us using your personal information for Brand by Brand’s legitimate purposes (as described in ‘Brand by Brand and its privacy policy’).
6.2. If you would like to exercise any of these rights in relation to the personal information we hold about you or wish to change your preferences at any time, please contact our Customer Service Team at enquiries@brandbybrand.co.uk Please note that we may require you to verify your identity before allowing you to access your personal information.
6.3. If you have an online customer account, you can also access, amend or update your information by logging into My Account on the Website or Applications and amending your details as appropriate. If you have created a customer profile in a Brand by Brand store, you can also access, amend or update your information by visiting a store and speaking to one of our sales associates.
6.4. If you remain unhappy with a response you receive from us you can also refer the matter to your data protection supervisory authority (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm).
7. Retention and deletion of personal information
We will only keep your information as long as you remain an active customer and for 5 years afterwards or otherwise as required for our business operations or by applicable laws. We may need to retain certain personal information even once a customer account has been closed or deleted to enforce our terms, for fraud prevention, to identify, issue or resolve legal claims and/or for proper record keeping purposes. We may also retain a record of any stated objection by you to receiving Brand by Brand updates for the purpose of ensuring we can continue to respect your wishes and not contact you further. Your personal information will be deleted or destroyed in a manner that cannot be restored or reproduced.
8. Security and third party links
8.1. We take reasonable steps to protect your personal information against unauthorized or accidental access, processing, erasure, loss or use. Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information submitted to us and any transmission is at your own risk.
8.2. We do however use strict procedures and security features to try to prevent unauthorised access wherever possible. Personal information may be accessed by persons within our organization, or our third-party service partners, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law.
8.3. Personal information provided to Brand by Brand via the Website, Applications and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you are about to enter a secure area or display a padlock image. The Website and the Applications use this encryption technology to protect your information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service centre and stores also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.
8.4. The Website and/or Applications may from time to time contain links to other websites not controlled by us. We do not accept responsibility or liability for the privacy practices, data collected or the content of such other websites. The operators of these linked websites are not under a duty to abide by this Privacy Policy. If there are terms and conditions, other privacy statements or policies appearing on those websites, you should also review them carefully as your use of those sites may be subject to them.
9. Changes to this privacy policy
We may update this Privacy Policy from time to time. The amended Privacy Policy will be posted on the Website or Applications. Please check this page regularly for changes to this Privacy Policy. If we make any material changes to this Privacy Policy we will notify you before they take effect either through the Website or Applications or by sending you a notification. Any such material changes will only apply to personal information collected after the revised Privacy Policy took effect.
10. Contacting Brand by Brand
You can contact us if you have any questions about the way in which your personal information is being collected or used which are not answered by this Privacy Policy. Please contact us at enquiries@brandbybrand.co.uk. Alternatively, you can write to the Brand by Brand Legal Department at:
Brand by Brand Limited,
PO Box 75665,
London,
WC1A 9QA