PRIVACY STATEMENT

Pogu Ltd, a company registered in England No. 7092945 whose registered address is Rose Mount, Brow Lane, Staveley, Cumbria LA8 9PJ and office address is 14 Mill Yard, Back Lane, Staveley, Cumbria LA8 9LR hereinafter referred to as “Pogu” “we”, “us” or “our”, have created this Privacy Statement (“Statement”) in order to demonstrate our commitment to the privacy of any details you provide to us.

In this Statement, references to “you”, “your” “Pogu user” and “Pogu customer” are references to anyone who uses our website and/or accesses our services. When you use our website or access our services you are consenting to the practices set out in this Statement.

This Statement applies to any personal data we collect about you, how and when it is used, how we protect it and who has access to it.  We aim to be as clear as possible in this Statement.

Should you have any concerns or queries in relation to privacy or data protection please contact us at hello@pogu.co.uk or on +44 (0)1539 821864.

We are regulated by the General Data Protection Regulator (GDPR).

DEFINITIONS & INTERPRETATIONS

Unless otherwise stated, any defined terms in this Statement shall have the meaning set out in the Pogu Terms & Conditions of Sale.

Data Protection Legislation includes the Data Protection Law 1998, the General Data Protection Regulation (EU) 2016/679 (the ”GDPR”) and any other applicable regulations, orders, code of practice or guidance.

Article 6(1) of the GDPR allows processing of data on the following grounds:

Article 6(1)(a) consent has been given for processing for a specific purpose.

Article 6(1)(b) processing is necessary for the performance of a contract.

Article 6(1)(c) processing is necessary for compliance with a legal obligation.

Article 6(1)(d) processing is necessary in to protect the vital interests of you or another natural person.

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.

Article 6(1)(f) processing is necessary for the purposes of the legitimate interests pursued by us or a third party and such interests are not overridden by your interests or fundamental rights and freedoms.

Marketing Communication(s) means any communication that we send to you (either directly or via a Pogu Service Provider) which may include but are not necessarily limited to relevant newsletters and magazines, information about opportunities, products, services and events and relevant information.

Non-Marketing Communication(s) means any communication which is functional or administrative only and not Marketing Communications.

Personal Data has the meaning set out at Article 4(1) of the GDPR.

Pogu Services means any services that we provide to you.

Pogu Service Providers means external third parties who we work with as a necessary part of providing the Pogu Services and who we therefore need to share your Personal Data with from time to time, which may include but are not limited to professional and legal advisors, delivery companies, fulfilment companies, payment processing partners, business analysts and website administrators.

  1. YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT

This Statement governs your use of our services, including any dispute concerning privacy. By using our services you accept this Statement in full. Please read it carefully and ensure that you understand it before proceeding to use our website.  We reserve the right to make reasonable changes to this Statement at any time. Any changes We do may make will be posted on this page and, where appropriate, notified to you by email or, when you next log in, the new Statement may be displayed on-screen and you may be required to read and accept it to continue.

  1. WHAT PERSONAL DATA IS COLLECTED & HOW?

2.1     Personal Data Submitted Voluntarily by You:  In order for us to provide our services to you we need to collect various types of Personal Data. We are committed to ensuring that the information we collect is appropriate, relevant and proportionate. Personal Data may be provided by you to be shared with us and Pogu Service Providers (as applicable) in respect of either yourself or other individuals (where lawful authority is granted to you by those individuals) and may include the following:

What Personal Data is processed? Where is it collected from? What is the ‘purpose’ of processing?  What is the lawful basis for processing? For how long is it held?
Name

Telephone Number

Shipping Address

Pogu customer To send you any products you have purchased from us

 

GDPR Article 6(1)(b)

 

Until a request to delete it has been made
Name

Billing Address

Bank Card Details

Pogu customer To take payment for your order or issue any refunds

 

GDPR Article 6(1)(b)

 

Until a request to delete it has been made
Name

Email Address

Pogu customer To update you on your order

 

GDPR Article 6(1)(b)

 

Until a request to delete it has been made
Name

Email Address

Telephone Number

Pogu customer To communicate with you about any issues or queries regarding your order GDPR Article 6(1)(b)

 

Until a request to delete it has been made
Name

Email Address

Pogu user To update you in relation to any goods you have requested a stock notification for GDPR Article 6(1)(b)

 

Until a request to delete it has been made
Name

Email Address

Pogu customer To request a review of your order GDPR Article 6(1)(f) Until a request to delete it has been made
Name

Email Address

Pogu user To send you Marketing Communications in relation to Pogu goods, services and offers GDPR Article 6(1)(a) and Article 6(1)(f) Until a request to delete it has been made

 

2.2     Some of the information in the table at Clause 2.1 is essential for us to provide you with our services but it is your choice whether you provide all the information we request. Not providing information may affect our ability to provide our services to you.

2.3     We may from time to time offer a range of additional services and we may collect additional information about you as part of this. This may include but is not limited to promotions, prize draws, competitions and surveys. Additional notices about the information that we collect and how we will use it will be provided to you when you are invited to avail of these additional services.

2.4     Consent to Process Data:  Where we rely on consent under GDPR Article 6(1)(a) to process your Personal Data for a particular purpose you have the right to withdraw your consent at any time. This will not affect the lawfulness of any processing carried out by us which was based on consent provided before its withdrawal.

2.5     Legitimate Interest to Process Data:  Where we rely on having a legitimate interest under GDPR Article 6(1)(f) to process your Personal Data you have the right to object to any of the processing we undertake. If you wish to object please send any objections to hello@pogu.co.uk.

2.6     Personal Data Automatically Collected by Us:  While using our website we may also collect the following types of Personal Data automatically about you via cookies and other technologies:

  • Your visits to the Pogu website and anything that you download from the website.
  • Your IP address.
  • Your geographical location.
  • Your browser type and version.
  • Your operating system.
  • Your referral source.
  • Your length of visit.
  •   Your page views and Site navigation and exit.

To learn more about cookies please see Clause 6. below.

2.7     Financial Personal Data:  Each monetary transaction made via the Pogu website shall be processed by a third-party payment processing partner who is a Pogu Service Provider.  You will be required to provide them with your Personal Data including financial data in order to use the payment processing services. To make and complete a financial purchase or to receive a payment via the Pogu website the policies of oue payment processing partner shall apply. At present we use PayPal (Europe) S.a.r.l. et Cie. S.C.A. (“PayPal”) to provide this service. When making or receiving a payment you will therefore be subject to the PayPal terms and conditions.

  1. HOW IS YOUR DATA USED?

3.1     Pogu will process (i.e. collect, store and use) the Personal Data you provide in a manner that is compatible with the Data Protection Legislation.

3.2     Non-Marketing Communications: You acknowledge that your Personal Data may be used by us to contact you when necessary in connection with your use of our website or to access our services as follows:

What Type of Non-Marketing Communication? Method of presentation/ sending? Legal Basis for processing?
Order confirmation Email GDPR Article 6(1)(b)

 

Shipping confirmation Email GDPR Article 6(1)(b)

 

Customer services correspondence to deal with any issues or queries regarding your order Email or Telephone Call GDPR Article 6(1)(b)
Return of stock or discontinued stock notification Email GDPR Article 6(1)(b)
Order review request

 

Email GDPR Article 6(1)(f)

 

3.3     Marketing Communications: From time to time we may send you Marketing Communications that we believe may be of interest to you via the methods referred to in the table below. By looking at your participation profile as well as any additional information which you have shared with us we can identify news, offers and services that are most likely to be relevant to you. When we send you a Marketing Communication we may monitor whether you have opened the communication and clicked on any included links. This will enable us to analyse your level of interest in the communication and will provide us with further insight on what type of communications are of most interest to you.

What Type of Marketing Communication? Method of presentation/ sending? Legal Basis for processing? How can you opt out of receiving direct marketing communications?
Newsletter

Promotional Email

Email We will only send you these where you have provided us with consent for this purpose as permitted under GDPR Article 6(1)(a)

or where you have not opted out of, or objected to, receiving Marketing Communications under GDPR Article 6(1)(f).

By amending your account preferences on the Pogu website or using the unsubscribe link at the end of any email

 

3.4     If you agree to receiving any of the above Marketing Communications but later change your mind you can opt out at any point by amending your account preferences on our website. Alternatively, you can use the unsubscribe link at the end of any communication you have received.

3.5     Profiling:  We may from time to time use publicly available demographic information to determine who we target for specific events or marketing campaigns so as to avoid contacting individuals unnecessarily.

  1. WHO HAS ACCESS TO YOUR DATA?

4.1     To minimise the risk of unauthorised access to your Personal Data we use some of your Personal Data to authenticate your identity when you use our website to access our services.

4.2     Transfer of Your Personal Data:  We may share your Personal Data with Pogu Service Providers who we engage to provide some of the operational functions required to fulfil the Pogu Services, including but not limited to making improvements to the Pogu Services or to assist our security, credit risk or fraud protection activities.  The Pogu Service Providers will only be able to use the Personal Data for the specific purposes for which it was shared and not for the purposes of those Pogu Service Providers sending Marketing Communications to you. We limit the Personal Data that we share to the minimum.

4.3     Disclosure of Your Personal Data: We may disclose your Personal Data when we believe it is necessary to comply with laws or regulations, to assist law enforcement, to enforce the terms under which you transact or communicate with Pogu, or to protect the rights, property or safety of Pogu, a Pogu customer or other third parties. We may need to disclose Personal Data about you to comply with a legal or statutory obligation including but not limited to:

(a)     accounting, auditing, compliance and administration practices; and

(b)     the maintenance of amendments to consents and to create suppression lists to ensure Pogu customers who object to processing are excluded from the relevant processing activity in the future.

4.4     Hosting: Your Personal Data is transferred and stored within the European Economic Area (the “EEA”) in compliance with the Data Protection Legislation. Some of your Personal Data may also be transferred and stored outside of the EEA in compliance with the GDPR requirements for external transfer.  You are deemed to consent to such transfers by using the Pogu website or becoming a Pogu customer.

4.5     Sale or Transfer of Pogu Assets:  In the event that Pogu is sold or transfers some of its assets to another party your Personal Data could be one of the transferred assets. If your Personal Data is transferred, its use will remain subject to this Statement. Your Personal Data will be passed on to a successor in the event of a liquidation or administration.

4.6     Other Websites’ Policies:  The Pogu website may contain links to other websites or applications. Pogu is not responsible for the privacy practices or the content of such websites or applications or for the privacy policies, cookie policies and practices of other third parties, so please read and understand those policies independently.

  1. HOW DO WE PROTECT YOUR PERSONAL DATA?

5.1     Pogu will adhere to all Data Protection Legislation and will take appropriate technical and organisational security measures against the unauthorised or unlawful processing of your Personal Data and against accidental loss of or damage to your Personal Data.

5.2     We endeavor to keep your Personal Data accurate and up-to-date. Moreover, the information you provide will be subject to measures and procedures to minimise the risk of unauthorised access or disclosure.

5.3     We aim to ensure our services are fully inclusive and accessible to everyone. To make this possible we collect (and may provide to prospective Pogu Service Providers) information on your usage of our services, which will help us review the accessibility of our services. This information is very important to us as it also enhances our understanding of Pogu customers’ needs and helps us to aid the technical administration of our website. Such information is provided in anonymised and aggregate form and does not include any individually identifiable data.

5.4     Retention: We will keep your data until you ask us to delete it, unless we have a legitimate reason for retaining it.

  1. DO WE USE COOKIES?

6.1     We may collect information about your computer (including, where available, your IP address, operating system and browser type) for system administration and to report aggregate information to our advertisers. This is statistical data about Pogu users’ browsing actions and patterns and does not identify any individual.

6.2     For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and to deliver a better and more personalised service. They enable us:

(a) To estimate our audience size and usage pattern.

(b) To store information about your preferences and so allow us to customise our site according to your individual interests.

(c) To speed up your searches.

(d) To recognise you when you return to our site.

6.3     You may refuse to accept cookies by activating the setting on your browser which refuses cookies. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies our system will issue cookies when you log on to our website.

  1. YOUR RIGHTS UNDER DATA PROTECTION LEGISLATION
What is your right under the GDPR? How do we honour your right?
The right to be informed We must provide fair processing information, typically through a privacy statement such as this describing how and why we collect and use your Personal Data.

 

Read more guidance from the Information Commissioners Office (“ICO”) on what information we should supply to you and when you should be informed (which shall differ depending on whether or not we obtained the Personal Data from you or a third party).

The right of access We try to be as open and transparent as we can be in terms of giving you access to the information that we hold on you. You are entitled to check the lawfulness of any processing of your Personal Data. You can log in to your Pogu account at any time to view the Personal Data that we hold about you there. You can find out if we hold (and process) any other Personal Data by making a Data Subject Access Request (“DSAR”). To make a DSAR please email your request to hello@pogu.co.uk. We will action your request without delay and at the latest within one month of your request, subject to any extensions granted. Alternatively, if you agree, we will try to deal with your request informally, for example, by providing you with the specific information you need over the telephone.

If we do hold information about you we will:
(a)  Describe the information we hold and tell you why we are holding it.
(b)  Tell you who it could be shared with.
(c)  Provide you with a copy of the requested information in an easy to understand format.

Read more guidance from the ICO.

 

The right of rectification You are entitled to have your Personal Data rectified if it is inaccurate or incomplete. If we have disclosed any such data to third parties we will inform you. We have one month initially to rectify it subject to a possible extension. Where we decide not to rectify we shall provide an explanation as to why and inform you of your further rights.

You can also log in to our website at any point to amend information held in your Pogu account that has changed or is no longer accurate.

Read more guidance from the ICO.

The right of erasure You have a legal and personal “right of erasure”, the extension of which is also known as the “right to be forgotten”. Upon your request we will close your Pogu account and remove your Personal Data as soon as reasonably possible from all of our records unless a lawful reason exists for us to retain some or all of it.

 

You can also log in at any point to delete your Personal Data held in your Pogu account.

 

Read more guidance from the ICO.

 

The right to restrict processing You have a right to ‘block’ or ‘suppress’ the processing of your Personal Data under certain circumstances but we are still entitled to store just enough of your Personal Data to ensure that the restriction is respected in future.

Read more guidance from the ICO.

 

The right to object

 

You have the right to object to us processing your Personal Data: Unless:
·         Based on legitimate interests or the performance of a (legal) task in the public interest/ exercise of official authority (including profiling). We can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
For purposes of scientific/historical research and statistics provided that you have “grounds relating to your particular situation”. The processing is necessary for the performance of a public interest task.
For direct marketing (including profiling). There are no exemptions or grounds to refuse. You have an absolute right to object to us processing your Personal Data for the purposes of direct marketing.

 

Read more guidance from the ICO.

 

The right to data portability You are entitled to obtain (in a commonly used and machine-readable form) and reuse your Personal Data that you have provided to us (via consent or contract performance) and which we process by automated means for your own purposes across different services and free of charge. We must respond to such a request without undue delay and within one month, whether or not we decide to action your request. Where we decide not to we shall inform you of your further rights.

Read more guidance from the ICO.

 

Rights related to automated decision making and profiling Subject to any exceptions, we should not take a potentially damaging decision concerning you as a result of using automated processing operations without human intervention. We must ensure that you have the opportunity to:

(a)     Obtain human intervention.

(b)     Express your point of view.

(c)     Obtain an explanation of the decision and challenge it.

Read more guidance from the ICO.

 

 

  1. COMPLAINTS OR QUERIES

8.1     If you have a complaint about the way in which Pogu has processed your Personal Data or a general request for information about this Statement or any of the data we hold on you, please contact us by email to hello@pogu.co.uk or by telephone on +44 (0)1539 821864.

8.2     Pogu tries to meet the highest standards when collecting and using Personal Data and we take any complaints we receive about this very seriously. We encourage you to bring it to our attention and are happy to provide any additional information or explanation needed in respect of our data processing activities.