Privacy Policy

Privacy Notice for Mood Foods Limited

 

Mood Foods Limited, trading as 'Ombar' (we or us) is a company registered in England and Wales under company number 06312091.  Our registered office is at M4/M5 Eastway Dales Manor Business Park, Babraham Road, Sawston, Cambridge, United Kingdom, CB22 3TJ.

 

  • What is the purpose of this document?
    • We are committed to protecting and respecting your privacy. This privacy notice sets out the basis on which we collect any personal data about users of our website at https://www.ombar.co.uk/ (our site) and how that information will be processed by us.
    • This privacy notice applies to:
      • our Superfans. Note, if you are a Superfan you should also read the additional information set out in the addendum at the end of this privacy notice;
      • visitors to our site who do not register as well as those who do;
      • any customers that purchase products and/or services from us; and
      • all individual contractors and service providers who provide services to our business (you).
    • We are a data controller. This means that we are responsible for deciding how we hold and use personal data about you, and for explaining this clearly to you.
    • Please read this privacy notice carefully to understand what we do with your personal data and what rights you have in relation to our activities.
    • Our site is not intended for children and we do not knowingly collect data relating to children.
  • What is personal data and our lawful basis for processing
    • Personal data, means any information relating to an individual from which that person can be identified. It includes information which can be linked back to you (such as an ID number) but does not include data where all personal identifiers have been removed (anonymous data).We will only use your personal data when the law allows us to. Our principle lawful basis for processing is set out in the table below. However, some of our grounds for processing will overlap and there may be several grounds which justify our use of your personal data.
    • We may only rely on our legitimate interests (or those of a third party) to process your personal data, if your interests and fundamental rights do not override those interests. Where we rely on legitimate interests for our processing, we have set out the relevant interest, below.
    • Generally, we do not rely on consent as a legal basis for processing your personal data although. You have the right to withdraw consent to marketing at any time by contacting us.
    • 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 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 where this is required or permitted by law.
    • 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 deliver your order). 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.
  • Data we collect about you
    • We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes your name, username, ID number or similar identifier, date of birth.

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.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, 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, we also check if you have any food allergies or intolerances.  

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.

  • We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will 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.
  • As part of our usual course of business, we do not collect any particularly sensitive or special category information about you g. information about your health or medical conditions (other than the allergy information), biometric data, your race or ethnicity, religious or political beliefs or information relating to criminal convictions but we will let you know if this changes. 
  • How is your personal data collected?
    • We use different methods to collect data from and about you including through:
    • Direct interactions. You may give us your Identity and Contact Data when you:
      • place an order for our products;
      • request information about our products;
      • create an account on our website;
      • subscribe to our services or publications;
      • enter a competition, promotion or survey; or
      • give us feedback, make a complaint or contact us.
    • Automated technologies or interactions. As you interact with our website, we will 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.
    • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
      • We collect Identity, Contact, Profile and Technical Data from our Social Media accounts:

@OmbarChocolate<https://www.facebook.com/ombarchocolate/>

@OmbarChocolate<https://www.twitter.com/ombarchocolate/>

@OmbarChocolate<https://www.instagram.com/ombarchocolate/>

 

 

 

  • Purposes for which we will use your personal data

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity Data

(b) Contact Data

Performance of a contract with you.

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity Data

(b) Contact Data

(c) Financial Data

(d) Transaction Data

(e) Marketing and Communications Data

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us).

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy notice

(b) Asking you to leave a review or take a survey

(a) Identity Data

(b) Contact Data

(c) Profile Data

(d) Marketing and Communications Data

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity Data

(b) Contact Data

(c) Profile Data

(d) Usage Data

(e) Marketing and Communications Data

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity Data

(b) Contact Data

(c) Technical Data

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).

(b) Necessary to comply with a legal obligation.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

(a) Identity Data

(b) Contact Data

(c) Profile Data

(d) Usage Data

(e) Marketing and Communications Data

(f) Technical Data

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical Data

(b) Usage Data

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity Data

(b) Contact Data

(c) Technical Data

(d) Usage Data

(e) Profile Data

(f) Marketing and Communications Data

Necessary for our legitimate interests (to develop our products/services and grow our business).

 

5          Marketing

  • 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.
  • You will receive marketing communications from us if you have requested information from us or purchased products from us and you have not opted out of receiving that marketing.
  • You can update your marketing preferences by logging on to your account. You can opt out of receiving marketing at any time.
  • Sharing your personal data
    • We share your personal data with third party contractors and service providers to the extent necessary to fulfil your order.
    • We share your information with other third parties as follows:
      • our regulators, professional advisors, insurance provider and auditors;
      • HMRC or other government or law enforcement agencies;
      • PayPal (or any replacement payment service provider) when you purchase products via the website;
      • if we sell any business or assets, in which case we may disclose your personal data to the prospective buyer of such business or assets;
      • for the purposes of fraud protection and credit risk reduction; and
      • if we have a legal obligation to do so.
    • The categories of third parties listed above use your personal data for their own purposes and are responsible for their own compliance with data protection legislation.
    • We also share your data with third-party service providers who provide services to our business including:
      • our website host, Shopify. For more information about how Shopify processes your personal data and the circumstances in which Shopify may act as a data controller in respect of your personal data, please see: https://www.shopify.com/legal/privacy;
      • conducting surveys and social media campaigns,
      • IT support and maintenance service,
      • cloud storage and email exchange server; and
      • delivery services.
    • All of our third-party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes.
  • Data security
    • We have put in place:
      • appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
      • procedures to deal with any suspected data security breach, and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
    • Transferring information outside the EEA
      • Any personal data that you submit to us will be held on secure servers, based inside and outside the European Economic Area (EEA).
      • If we are required to transfer your data outside the EEA, we have put in place appropriate measures to ensure that your personal data is treated by those third parties in a way that is consistent with and which respects the EU and UK laws on data protection. If you are based outside the EEA we may transfer personal data to the correspondence address you provide to us to the extent necessary to complete your order. We will take all reasonable steps to ensure that such transfers are secure. By instructing us from outside the EEA you agree that such transfer is necessary for us to complete your order.
      • We use Shopify as a provider of website hosting services and to provide us with analytics which we use to evaluate the performance of our site and to improve the service we offer you.
      • Our use of Shopify's services means that we may transfer data about you outside the EEA. However, we will only do so where permitted by law.
      • Shopify (specifically, Shopify’s affiliates' Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., and Shopify (USA) Inc.) complies with the EU-US Privacy Shield Framework as set out by the US Department of Commerce regarding the collection, use and retention of personal data from European Union member countries. It is subject to enforcement by the Federal Trade Commission. Shopify has certified that it adheres to the relevant Privacy Shield Principles. For more information about this protective measure, please visit the following: https://www.shopify.com/legal/privacy.
    • How long will we keep your personal data for?
      • We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
      • 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, regulatory, tax, accounting or other requirements.
      • We keep basic data about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for contract management and tax purposes.
      • In some circumstances you can ask us to delete your data: see your rights below for further information.
      • In some circumstances we will 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.
    • Your rights
      • You have the following rights:
        • to be told what we are doing with your personal data. We do this by providing you with this privacy notice;
        • to correct or update the personal data we hold about you.
        • to object to the processing of your personal data;
        • to request a copy of the personal data we hold about you;
        • to ask us to delete the data that we hold about you where there is no good reason for us continuing to process it;
        • to ask us to stop processing your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground and where there is no good reason for us continuing to process it;
        • to ask us to restrict how we use your personal data for a period of time if you claim that it is inaccurate and we want to verify the position or in some limited other circumstances;
        • to ask us to send your personal data to another organisation in a computer-readable format;
        • to complain to the Information Commissioner's office if you are unhappy with our use of your personal data: you can do this at https://ico.org.uk/concerns/. Do contact us straight away if you consider that we are not handling your personal data properly so we can try and sort the problem out.
      • If we delete your personal data or restrict our use of it, we will not be able to provide our services to you.
      • If you want to exercise any of your rights, please contact hello@ombar.co.uk. We may need to request specific data from you to help us confirm your identity and ensure your right to access the data (or to exercise any of your other rights).
    • Cookie policy
      • Our website uses cookies to distinguish you from other users of our website. We use cookies for our legitimate interests, to help us to provide you with a good experience when you browse our website and to improve our site. [You can view our Cookies Policy on our Site].
    • 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.

  • Addendum for Ombar Superfans
    • Purpose of this addendum
      • If you are a Superfan, you should read this addendum carefully along with the information above as it sets out the basis on which:
        • we collect certain categories of personal data relating to you in addition to the categories of personal data set out above and the basis on which that information will be processed by us; and
        • we may use your personal data in ways, and for purposes, that are in addition to those set out above.
      • Additional ways we collect personal data from you if you are a Superfan
        • If you are a Superfan:
          • you may give us your Identity and Contact Data when you register as a Superfan; and
          • we may collect information about you from publicly available sources, including your social media accounts, in order to build your profile.
        • Additional purposes for which we use your personal data if you are a Superfan
          • If you are a Superfan we may collect, use, store and transfer the kinds of personal data about you set out in the table below for the additional purposes set out in that table.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a Superfan, including participation in Surveys, to create your Profile and to provide you with Superfan rewards.

(a) Identity Data

(b) Contact Data

(c) Profile Data

(d) Transaction Data

(e) Marketing and Communications Data

(a) Performance of the contract, to provide you with Superfan rewards.

 

(b) Necessary for our legitimate interest (to inform and improve our services and to guide us in the direction we take the brand and products).

 

Last Updated October 2019