Privacy & Cookie Policy

Welcome to the Fraser Hart privacy notice.

Fraser Hart respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

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1. IMPORTANT INFORMATION AND WHO WE ARE

2. THE DATA WE COLLECT ABOUT YOU

3. HOW IS YOUR PERSONAL DATA COLLECTED

4. HOW WE USE YOUR PERSONAL DATA

5. DISCLOSURES OF YOUR PERSONAL DATA

6. INTERNATIONAL TRANSFERS

7. DATA SECURITY

8. DATA RETENTION

9. YOUR LEGAL RIGHTS

10. GLOSSARY



Purpose of this privacy notice

This privacy notice aims to give you information on how Fraser Hart collects and processes your personal data through your use of this website and your interactions with Fraser Hart, including any data you may provide when you sign up to our newsletter, purchase a product or service or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Fraser Hart is the controller and responsible for your personal data (collectively referred to as "Fraser Hart", "we", "us" or "our" in this privacy notice).

The website https://www.fraserhart.co.uk (together referred to in this privacy and cookie policy as our “website” or “websites”) is operated by Fraser Hart Limited who are part of the Anthony Nicholas Group ( “ANG”), registered in Scotland under company number SC18475 and having it's registered office at 19 Queen Street, Glasgow G1 3ED ( "Fraser Hart").

This privacy notice is issued on behalf of the ANG so when we mention Fraser Hart, "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the ANG responsible for processing your data.

Fraser Hart Limited is the controller and responsible for this website. Fraser Hart Limited will be the controller for your data when you purchase a product or service with us.

We have appointed a data privacy officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data privacy officer using the details set out below.

Contact Details

Full name of legal entity: Fraser Hart Limited

Name or title: Ronan Killian, Data Privacy Officer

Email address: privacyofficer@fraserhart.co.uk.

Postal address: 25-26 Earlsfort Terrace, St Kevin's, Dublin 2 D02PX51

Telephone number: +353 1 5392000, if calling from the UK, call 0808 549 7766

If at any point you are unhappy with the privacy practice of Fraser Hart, you have the right to make a complaint at any time to the Information Commissioner’s Office, who can be contacted here. Although there is no obligation to do so, we would be very grateful of the opportunity to address any concerns you may have in advance of contacting the ICO.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 22/05/2018.

The data protection law in Ireland will change on 25 May 2018. Although this privacy notice sets out your rights under the new law, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until 25 May 2018 as we are still working towards getting our systems ready for some of these changes.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

In order to offer you Klarna's payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna's own privacy notice.

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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data including first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Financial Data - we don’t hold or take any payment details, this is all undertaken by a 3rd party gateway.
• Technical Data - details of your visits to our website, including but not limited to, how you access it, and how you use it, HTTP protocol elements, search terms, HTTP cookies, IP address, your login data, browser type and version, traffic data, location data, weblogs, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences, social media information, photographs, comments and other content you provide.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

We use different methods to collect data from and about you including through:

 Direct interactions. You may give us your Identity and Contact details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our products or services;
• apply for 3rd party services which we offer in store such as jewellery insurance;
• create an account on our website;
• subscribe to our privilege club;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

• analytics providers such as Google based outside the EU;
• advertising networks; and
• search information providers such as Google, Attraqt, Bazaar voice based inside OR outside the EU.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Realex based inside OR outside the EU.

Identity and Contact Data from data brokers or aggregators such as Microsoft based inside OR outside the EU.

Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

In relation to any processing activity we will, before the processing starts for the first time, and then regularly while it continues:

1. review the purposes of the particular processing activity, and select the most appropriate lawful basis (or bases) for that processing, i.e.:

a. you have consented to the processing;

b. that the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;

c. that the processing is necessary for compliance with a legal obligation to which we are subject;

d. that the processing is necessary for the protection of your vital interests or another natural persons; or

e. that the processing is necessary for the purposes of our legitimate interests or a third party, except where those interests are overridden by your fundamental rights and freedoms,

2. except where the processing is based on consent, satisfy ourselves that the processing is necessary for the purpose of the relevant lawful basis (i.e. that there is no other reasonable way to achieve that purpose);

3. document our decision as to which lawful basis applies, to help demonstrate our compliance with the data protection principles; and

4. include information about both the purposes of the processing and the lawful basis for it in our relevant privacy notice(s).

When determining whether our legitimate interests are the most appropriate basis for lawful processing, we will:

1. conduct a legitimate interests assessment (LIA) and keep a record of it, to ensure that we can justify our decision;

2. if the LIA identifies a significant privacy impact, consider whether we also need to conduct a data protection impact assessment (DPIA);

3. keep the LIA under review, and repeat it if circumstances change; and

4. include information about our legitimate interests in our relevant privacy notice(s).

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us @ privacyofficer@fraserhart.co.uk

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data for retargeting purposes which may be serviced through social media platforms.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted into receiving that marketing material.

Third-party marketing

A third party is here defined as any external brand / business / company / group / service etc. that Fraser Hart works in conjunction with to deliver our offering and brand proposition to you. For example, as we sell TAG Heuer watches online; TAG Heuer would be known as a third party that we work with. As such, the following points are of relevance in terms of sharing your data with third parties.

We will get your express opt-in consent before we share your personal data with any company outside the Fraser Hart group of companies for marketing purposes.

1. Fraser Hart does not currently and will not in the future sell any aspect of your data to any of the third parties that we have worked with, that we currently work with or that we will work with in the future. This data includes your name, your address, your email address and your debit and / or credit card information.
2. Fraser Hart does currently share your data to relevant third parties that we currently work with and that we will work with in the future. This is simply to ensure that we can provide you with the best level and quality of service as a respected and valued customer, in line with what you would appreciate and expect from our offering and brand proposition. These relevant third parties include the following as explained in this statement:

• Companies that are within the Anthony Nicholas group – (this is because different departments and sections of our overall company structure and hierarchy are responsible for different activities that affect and contribute to your experience with Fraser Hart).
• Companies that are used during the purchasing lifecycle to ensure that you receive your chosen products – (this includes the likes of courier and delivery companies, logistical processors, order processors, order packers, payment gateways, payment service providers and warehouse operatives).
• Companies that provide services to Fraser Hart that affect and contribute to your experience with Fraser Hart and assist with our offering and brand proposition to you – (this includes advertising agencies and partners, creative and marketing agencies and partners and website hosts).
• Companies that proactively and reactively work to help tackle and prevent fraud – (this includes credit and finance reference bodies, fraud prevention bodies and law enforcement bodies).
• Companies that are approved by you – (this includes marketplace sellers and our payment service providers that are interacted with when you choose to use their marketplace and payment services to place and pay for an order(s) and any social media services and websites if and when you choose to link any and all of your social media accounts to Fraser Hart).
• Companies who may request aggregated anonymous data – (this includes third parties who request analytics, data and information with no personal identifiers attached (therefore completely and fully anonymous) to help build reports and knowledge on the likes of market trends, performance and / or effectiveness.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into our website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our Website.

A cookie is a small file of letters and numbers that, if you agree, we may store on your browser or the hard drive of your computer or device, including mobile or handheld device (such as a smart phone or tablet), as you browse our Website. It allows us to “remember” your actions or preferences over a length of time. Once set, it can be accessed by our Website. It's not harmful to your computer, mobile phone or other device like a virus or other malicious code.

We only collect information we feel is essential for you to use our Website efficiently and to improve services for you, for example:       

• for technical purposes essential to the effective operation of the Website;
• enabling a service to recognise your device so you don’t have to give the same information several times during one task;
• measuring how many people are using the Website, to ensure there is enough capacity for the Website to operate at a reasonable speed;
• completion and support of the current activity being undertaken by the user, for example previously viewed pages or products;
• monitoring the success of campaigns and competitions;
• - website and system administration, for example, tracking the number of website users for marketing purposes;
• remembering pages viewed;
• monitoring your journey around the website which helps us improve navigation and ease of access to popular pages; and
• remembering items you have saved to your basket on a previous visit to the Website, including where the browser has been closed and a new session has begun.

We use the following categories of cookies:

1. Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
2. Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
3. Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
4. Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more detailed information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

You may choose to try and block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website and on average your browsing experience will change. It may become less interactive, less personal to you, contain more error messages and certain websites will not work at all. Our website is designed to use cookies so it may be affected by some or all of the issues set out above, as well as others not listed here. In particular, your shopping experience on our Website will be limited to browsing and searching, you won’t be able to add products to your basket or buy them.

Further information and guidance on cookies and how you can manage your browser settings can be found by accessing the following links:

http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm .

https://www.dataprotection.ie/en/dpc-guidance/guidance-cookies-and-other-tracking-technologies

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Specific Third Parties listed out in the Glossary

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 We do not transfer your personal data outside the European Economic Area (EEA).

We have put in place necessary and appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Where you communicate with us via our website, the nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your personal data.

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers for 7 years as this is a legal requirement which we have to meet. It is anticipated that we will hold your information for this 7 year period.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Under certain circumstances, you have rights under data protection laws in relation to your personal data which include the following:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Internal Third Parties means other companies in the Anthony Nicholas Group who are based in the UK and provide IT and system administration services.

External Third Parties means:

• Service providers based in Ireland and the UK who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers based in Ireland and the UK who provide consultancy, banking, legal, insurance and accounting services.
• The Revenue Commissioners, regulators and other authorities based in Ireland who require reporting of processing activities in certain circumstances.
• Third party processors of online customer data including Amasty, Rakuten, Qubit, Attraqt, Bazaarvoice, Realex, Paypal.

YOUR LEGAL RIGHTS

You have the right to:

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.

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.

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.

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.

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: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) 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.

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.