PRIVACY NOTICE

The purpose of this notice

This privacy notice explains how we will process your personal information obtained through your use of our website at https://themodernmilkman.co.uk/, your use of our “Modern Milkman” app, our supply of milkman services to you, and through other interactions with you (for example, networking events, and marketing activities).

Through use of the Modern Milkman website and app, registered users can access our online grocery that allows users to make one off purchases or set up repeat weekly orders of Modern Milkman products, such as milk, fruit, juice, eggs, breakfasts, bakery, veg boxes and household items. Orders are delivered to our customers by our modern milkmen who service their area. 

It is important that you read this privacy notice, together with any just in time privacy notices we may provide elsewhere on our website and app, so that you are fully aware of how and why we are using your data, and what data protection rights you have.

What does this notice cover:

You can either scroll down to read this notice in its entirety (which we recommend), or click on one of the links below to go straight to the section you are interested in.

Who we are and how to contact us

When we say we, us or our in this privacy notice, we mean Modern Milkman Ltd, a company incorporated and registered in England and Wales with company number 11639509 and whose registered office is at Suite 14 Burton House, 2A Market Place, Colne, England, BB8 0HY.

For the purposes of the Data Protection Legislation, we are the controller of your personal data. This means that we are responsible for deciding how we hold and use personal information about you.

If you have any questions in regard to any part of this notice, (including any requests to exercise your legal rights) please contact our Data Protection Officer, James Renshaw, by:

  • (a) email at [email protected]
  • (b) phone to 01282 861845; or 
  • (c) post sent to the address above for the attention of the Data Protection Officer. 

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Data Protection Legislation

We are committed to protecting your privacy and safeguarding your personal data. Our use of your personal data is subject to the data protection laws applicable in the United Kingdom, which on the date of the publication of this notice includes the EU General Data Protection Regulation, the UK Data Protection Act 2018 and other relevant UK and EU legislation concerning personal data (together Data Protection Legislation).

Even though the United Kingdom has left the European Union, the EU General Data Protection continues to apply in the United Kingdom during the transition period, until the end of 2020.

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The personal data we collect

Personal data means information which relates to an identified or an identifiable individual. 

Types of personal data we may collect

Examples

Identity data

name; title;

Contact data

address; email; telephone number; 

Financial and transactional data

details of orders made and processed; details of payment received/made; details of invoices received/issued; details of cards used for payments;

Usage data

products purchased and prices paid; how you use and navigate the app and website; 

Communication data

details of enquiries submitted by you through our website, app or emailed to us; information obtained through networking;

Advertising profile data

assumptions about your predicted buying behaviour and interests based on the usage data we collect about you and combined with non-personal data we obtain from Experian’s Mosaic system. For further information, please see the Marketing section of this Privacy Notice;

Technical data

your IP address; your general geographic location based on your IP address; the type of device you use and its operating system and version; your browser type; the pages you view on our website and how you interact with that content; advertising identifiers (such as those on mobile devices, tablets and streaming media devices that include such identifiers).

 

We do not provide goods directly to children or proactively collect their personal data. If you believe that we have received information relating to or from persons under the age of 18 please contact us at [email protected]. If we become aware that a person under the age of 18 has provided us with personal information we will take steps to delete such information.

Anonymised data 

We may also collect, use and share anonymised, aggregated data such as statistical or demographic data for any purpose. Anonymised data may be derived from your personal data but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate information on how you use our website and/or app to calculate the percentage of users accessing a specific website and/or app feature. 

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How we collect personal data

We collect most of this information from you direct. However, we may also collect information from other sources.

Type of source

Examples

Your use of our website, our app and services

when you sign up to create an account on our website and/or our app; when you use our services; when you place or amend an order for our services on our website or our app; when you submit an online enquiry; when you add or update your billing or address information.

Direct interactions with you

when you first contact us (e.g. by phone or email); when you participate in our user research activities (e.g. provide us with feedback or respond to our questionnaires); when you network with us).

Third parties

if you visit our service by clicking on our advertisement on social media or another website or app, the operator of that website or app may share information about you with us. For further details, please see the Marketing section of this Privacy Notice. 

Automated technologies or interactions

as you interact with our website and advertisements, we may automatically collect technical data (as described in section The personal data we collect above). We collect this personal data by using cookies, server logs and other similar technologies. For further details, please see our Cookies Notice available at https://themodernmilkman.co.uk and click on the cookie icon at the button of the page and press show details.

 

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How and why we use personal data

Under the Data Protection Legislation, we can only use your personal data if we have a proper reason for doing so, for example: consent, contact, legitimate interests, or legal obligation.

  • 1. Consent. We may process your data based on your consent for certain marketing purposes. Where your permission is required, we will ask you for such consent clearly and separately from the body of this Privacy Notice or our Terms and Conditions. You have the right to withdraw consent to marketing at any time. For further information, please see the Marketing section of this Privacy Notice.
  •  

  • 2. Contract. We will use your personal data if we need to do it to perform our obligations under a contract with you, or if it is necessary for a contract which we are about to enter with you. For example, if we need to:
    • register you as a new customer or administer your account (e.g. set up your subscription and administer invoicing and payments);
    • provide our services to you;
    • deliver your order to you;
    • manage our relationship with you (e.g. to respond to your enquiries or to notify you about changes to our services and to inform you about updating preferences); and
    • provide you with customer services (e.g. technical support through our website and app’s support chat function).

 

  • 3. Legitimate interests. We may process your personal data when we (or third party) have a legitimate reason to use it, so long as this is not overridden by your own rights and interests. For example:
    • to manage your account and our relationship with you (including responding to your enquiries);
    • to manage payments, fees, charges, and to collect debts which you may owe to us;
    • to interact with you professionally (e.g. if you represent our current or prospective client, supplier or business partner) to manage our relationship with the organisation you represent;
    • to administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);
    • to deal with your enquiry unrelated to a contract which we may have with you;
    • to provide you with a free service (e.g. the use of our website and app functionalities);
    • to ask you to leave a review or complete a survey;
    • to send you our blogs, newsletters or other electronic marketing communications if you are our existing customer;
    • to increase our business or promote our brand through delivering relevant website content and advertisements to you (including recommending new products and products that may be relevant to you);
    • to measure or understand the effectiveness of the advertising we provide to you;
    • to improve our website, products, services, marketing, and customer relationships and understanding;
    • to conduct web analytics; 
    • for the prevention and detection of fraud and spam; and
    • for the establishment, exercise or defence of legal claims.

 

  • 4. Legal obligation. We may process your personal data to comply with our legal obligation. For example, to:
    • notify you about changes to our terms or privacy policy;
    • address your complaint; and
    • comply with a request from a competent authority.

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Marketing

Our marketing emails

We may send you emails about our products if you are our existing customer (on the basis of our legitimate interests) or, if you are our prospective customer when you expressly agree to that (for example, by signing up to our newsletter). 

If you are our existing customer, we may use the information we have about you (such as what product you previously bought from us, where you live, how old you are, how you use our website and app) to make predictions on what other products may be of interest to you. We will use that information to make our marketing emails and offers relevant to you. This type of personal data use is called ‘profiling’. We will do that on the basis of our legitimate interests. 

We may also use cookies and similar tracking technologies (for example tracking pixels in our marketing emails and website/app advertisements) and analytics services (such as Google Analytics) to collect information about your use of our website, app, services and your interactions with our marketing emails and advertisements. In addition, third party advertising platforms that we advertise our products on (for example, Facebook and Google) may also use their advertising cookies on our website. We will ask for your consent to the use of non-essential cookies, including third party cookies. You can find further information about the cookies used on our website and the purposes they are used for by going to https://themodernmilkman.co.uk and clicking on the cookie icon at the button of the page and press show details.

Data from other providers

We use Mosaic to obtain additional non-personal information. Mosaic is a service provided by Experian, the credit reference agency. Experian holds information on the majority of households in the UK. It uses that information to create models into the ‘make-up’ of the UK population for characteristics across age, gender, number of adults and composition of the household and length of residency. It then uses that information to segment households based on their postcodes into groups and assigns predicted buying interests and behaviours to those groups. We may use the postcode based information obtained from Mosaic and combine it with the information we have about you to make our marketing communication and offers more relevant to you. This type of personal data use is also called ‘profiling’. We will use your personal data in this way on the basis of our legitimate interests. We will not share your personal information with Experian.

If you click on our advertisement on social media (for example, Facebook) or a website or app or another provider (for example, Mention Me who run our ‘Refer a Friend’ programs), that provider will share with us information about you (the fact that you came to our website/app from their service.

Third party advertising

We may share your name, email address, telephone number, and other information, such as whether you made any purchases with us and how much you spent, for our advertising purposes with social media platforms and other third party advertising providers (for example, Facebook and Google). The third party advertising provider will use that information to match it against the list of their own users. If the email address or telephone number we give them matches with their list, they will use it to show you our advertisements on their platform.  

The third party advertising providers will also use that information to combine it with the information they hold on you (for example, your interests, likes, advertisements you previously clicked on) and match it with other users of their services who share similar characterises. They will then show our advertisements to those other people. The third party advertising providers will use your data and the other “look like’ users’ data in this way as data controllers on the basis of their terms and policies that govern their users’ use of their services. They will not share any of that information with us. However, if you are one of such ‘look like’ users of the third party advertising provider, and come to our website/app by clicking on our advertisement on that provider’s platform, we will know that you came to us that way.

We will share information with third party advertising providers for the above purposes only if you consent to our sharing of your personal data with third parties for advertising purposes on third party platforms.

Right to withdraw consent or to object to processing

Even if we are not required to obtain your consent for marketing purposes, you can always ask us to stop using your personal information for marketing purposes, so you are still in control. You can do that by:

  • emailing us at [email protected]
  • by changing your marketing preferences within your account on our website or app;
  • in case of marketing emails, by using the ‘unsubscribe’ link in our marketing emails; or
  • in case of cookies, by using the cookie preferences settings on our website. 

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or structure of our business.

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Who we share personal data with

We may share your information with third parties for the purposes set out in this notice. 

If you are our registered user, we share your personal data with the delivery team servicing your area.

We share data with providers of cloud-based tools and services, which we use to operate our business, for example, providers of website hosting services, website and app analytics services, customer email services, digital marketing and geo-fencing services, and social media advertising services. We impose contractual obligations on the above providers to ensure that your personal data is protected.

We also use Stripe, a payment gateway, to process payments through our website and app. If you pay for our products through our website and our app, you will be providing your personal data (for example, details of your payment card and billing address) to Stripe. Please see their privacy policy

International data transfers

Transfers of data outside the European Economic Area (EEA) are subject to special rules under the Data Protection Legislation. Those of our contractors and suppliers who are based outside the EEA, are either: based in countries that have been identified by the European Commission as providing adequate protection, or have in place an appropriate data sharing safeguard mechanism (for example, have entered into the European Commission’s standard contractual clauses with us).

Some of our suppliers are based in the US and they subscribe to the EU-US Privacy Shield framework. Transfers of personal data to US companies who subscribe to the EU-US Privacy Shield framework were until recently deemed by the European Commission to provide an appropriate level of protection. On 16 July 2020 the Court of Justice of the European Union’s judgment in the case of Data Protection Commissioner v Facebook Ireland and Maximillian Schrems invalidated the Privacy Shield. We are currently looking into ways of ensuring that our arrangements with suppliers comply with the new law.

Other sharing

We may also:

  • share your personal data with members of our staff;
  • disclose your personal data to professional advisers (e.g. lawyers, accountants, auditors or insurers) who provide professional services to us;
  • disclose your personal data to certain third parties if specifically requested or agreed with you (e.g. if you ask us to introduce you to a third party);
  • disclose and exchange certain information with law enforcement agencies and regulatory bodies to comply with our legal obligations; and
  • share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. The recipient of the information will be bound by confidentiality obligations.

Such data recipients will be bound by confidentiality obligations.

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How long we keep personal data

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.

For example:

  • if you sign up to create Modern Milkman account, we may keep your data for six years after you cease being our customer; and
  • if you subscribe to our updates or consent to receiving marketing communications, we will hold your data for that purpose until you unsubscribe or otherwise tell us that you no longer wish to receive such communications.

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

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Your rights

You have a number of rights in relation to your personal data, which allow you to access and control your information in certain circumstances. You can exercise these rights free of charge, unless your request is manifestly unfounded or excessive (in which case we may charge a reasonable administrative fee or refuse to respond to such request).

Your right

Explanation

Access

This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Rectification

The right to require us to correct any inaccuracies in your personal data.

Erasure (to be forgotten)

The right to require us to delete your personal data in certain situations.

Restriction of processing

The right to require us to restrict processing of your personal data in certain circumstances (e.g. if you contest the accuracy of the data we hold).

Data portability

The right to receive, in certain situations, the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party.

To object

The right to object at any time to your personal data being processed for direct marketing (including profiling) or, in certain other situations, to our continued processing of your personal data (e.g. processing carried out for the purpose of our legitimate interests).

Not to be subject to automated individual decision-making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you, or similarly significantly affects you.

 

If you would like to exercise any of those rights, please contact us at [email protected]. Please let us know what right you want to exercise and the information to which your request relates. 

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Keeping personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

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

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Complaints

We hope that we can resolve any query or concern you may raise about our use of your information. You may contact us by using the contact methods set out in the Who we are and how to contact us section of this policy.

The Data Protection Legislation also gives you a right to lodge a complaint with a supervisory authority, in particular in the European Union (or the European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws has occurred. The supervisory authority in the UK is the Information Commissioner, who may be contacted at https://ico.org.uk/concerns, telephone on 0303 123 1113, or by post to: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioner’s Office, so please contact us in the first instance. 

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Changes to this privacy policy

This privacy policy was last updated on 23rd August 2020.

We may change this privacy notice from time to time, when we do we will publish the new version of the policy on our website and on our app. We may also inform you via email.