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GDPR Omlet Data Policy

As with all shopping websites, we collect personal information from you when you shop online at omlet.ie or any of our international sites (e.g. omlet.de, omlet.nl, omlet.fr etc). We use this information to make your shopping experience hassle-free and enjoyable. We need the information to process your order, inform you of any delays or problems and to let you know about special offers and promotions.

The information we collect is:

  • Your name – so we know what to call you when we write to you or call you.
  • Email address – so we can email your order confirmations, courier tracking numbers, delivery delays, information that relates to your product etc. You can unsubscribe at any time. Please allow 10 days for you request to be updated across all our systems.
  • Delivery address – so that we can ship your order to you.
  • Telephone number – we’ll only call if we have a delivery problem or to talk to you about your order.
  • Credit card details – we only ask for these when you place an order.
  • Mobile number – so we can text or call you with details about your order.

We use the latest secure server technology to ensure this information is protected to the highest standards. We will store personal data for a period of 15 years after your last order or interaction with our website. We use encryption to safeguard your credit card information and only accept orders from web browsers that permit communication through Secure Socket Layer (SSL) technology - this means you cannot inadvertently place an order through an unsecured connection. The encryption technique we use is the highest standard available for e-commerce.

GENERAL DATA PROTECTION REGULATION (GDPR)

Omlet is a registered data processor under the Data Protection Act. We will never pass on your details to third parties. We are also bound by General Data Protection Regulation (GDPR).

There are only three circumstances where we may share some of your data with others:

  1. With agents (including credit reference agencies, credit card clearing agencies, fraud prevention and detection agencies and delivery companies) that we use to process the orders you place with us or who assist us in the service we provide to you. In these instances, we provide them with only the information they need to perform their function.
  2. In the unlikely event that our business assets are ever sold to or purchased by another company. Our data records are part of our business.
  3. To outside research companies whom we may ask to contact you directly for your opinions on our products and services (in which case we provide them with only the information they need to perform their function).

Right of Access

You have the right to access your personal data and supplementary information. The right of access allows you to be aware of and verify the lawfulness of the processing. You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

Right to Rectification

The GDPR includes a right for you to have inaccurate personal data rectified, or completed if it is incomplete. You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

Right to Erasure

You have a right to have your personal data erased. The right to erasure is also known as ‘the right to be forgotten’. The right is not absolute and only applies if:

  • The personal data is no longer necessary for the purpose which you originally collected or processed it for;
  • Omlet is relying on consent as its lawful basis for holding the data, and you withdraw your consent;
  • Omlet is relying on legitimate interests as its basis for processing, you object to the processing of your data, and there is no overriding legitimate interest to continue this processing;
  • Omlet is processing the personal data for direct marketing purposes and you object to that processing;
  • Omlet has processed the personal data unlawfully (ie in breach of the lawfulness requirement of the 1st principle);
  • Omlet has to do it to comply with a legal obligation; or
  • Omlet has processed the personal data to offer information society services to a child.

The right to erasure does not apply if processing is necessary for one of the following reasons:

  • To exercise the right of freedom of expression and information;
  • To comply with a legal obligation;
  • For the performance of a task carried out in the public interest or in the exercise of official authority;
  • For archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
  • For the establishment, exercise or defence of legal claims.

The GDPR also specifies two circumstances where the right to erasure will not apply to special category data:

  • If the processing is necessary for public health purposes in the public interest (eg protecting against serious cross-border threats to health, or ensuring high standards of quality and safety of health care and of medicinal products or medical devices); or
  • If the processing is necessary for the purposes of preventative or occupational medicine (eg where the processing is necessary for the working capacity of an employee; for medical diagnosis; for the provision of health or social care; or for the management of health or social care systems or services). This only applies where the data is being processed by or under the responsibility of a professional subject to a legal obligation of professional secrecy (eg a health professional).

You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

Right to Restrict Processing

You have the right to restrict the processing of your personal data in certain circumstances. This means that you can limit the way that Omlet uses your data. This is an alternative to requesting the erasure of your data.

You have the right to restrict the processing of your personal data where you have a particular reason for wanting the restriction. This may be because you have issues with the content of the information Omlet holds or how Omlet have processed your data. In most cases we will only need to have the restriction in place for a certain period of time.

You have the right to request that we restrict the processing of your personal data in the following circumstances:

  • You contest the accuracy of your personal data and Omlet is verifying the accuracy of the data;
  • The data has been unlawfully processed (ie in breach of the lawfulness requirement of the first principle of the GDPR) and you oppose erasure and you request restriction instead;
  • Omlet no longer need the personal data but you need to keep it in order to establish, exercise or defend a legal claim; or
  • You have objected to Omlet processing your data under Article 21(1) of the GDPR, and Omlet is considering whether our legitimate grounds override those of the yoursl.

Although this is distinct from the right to rectification and the right to object, there are close links between those rights and the right to restrict processing:

  • if you have challenged the accuracy of Omlet’s data and asked Omlet to rectify it (Article 16), you also have a right to request Omlet restrict processing while Omlet considers your rectification request; or
  • if you exercises your right to object under Article 21(1), you also have a right to request Omlet restrict processing while Omlet considers your objection request.

You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

Right to Data Portability

The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services. It allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability.

You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

Right to Object

You have the right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); direct marketing (including profiling); and processing for purposes of scientific/historical research and statistics.

Omlet will stop processing personal data for direct marketing purposes as soon as we receive an objection. There are no exemptions or grounds to refuse. Omlet must deal with an objection to processing for direct marketing at any time and free of charge.

You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

Rights related to automated decision making including profiling

Automated individual decision-making is a decision made by automated means without any human involvement.

Examples of this include:

  • An online decision to award a loan; and
  • A recruitment aptitude test which uses pre-programmed algorithms and criteria.
  • The GDPR has provisions on:
    • automated individual decision-making (making a decision solely by automated means without any human involvement); and
    • profiling (automated processing of personal data to evaluate certain things about an individual). Profiling can be part of an automated decision-making process.
  • The GDPR applies to all automated individual decision-making and profiling.
  • Article 22 of the GDPR has additional rules to protect individuals if you are carrying out solely automated decision-making that has legal or similarly significant effects on them.
  • You can only carry out this type of decision-making where the decision is:
    • necessary for the entry into or performance of a contract; or
    • authorised by Union or Member state law applicable to the controller; or
    • based on the individual’s explicit consent.
  • You must identify whether any of your processing falls under Article 22 and, if so, make sure that you:
    • give individuals information about the processing;
    • introduce simple ways for them to request human intervention or challenge a decision;
    • carry out regular checks to make sure that your systems are working as intended.

You can make a request verbally or in writing. Details of how to make a request are at the bottom of the page.

How to make a request regarding your personal data.

To see all the information we have about you, to correct any inaccuracies, to delete your personal data or any other enquiry to do with personal data please write to:

The Data Protection Officer
Omlet Ltd.
The Old Malthouse, St John's Road
Banbury
OX16 5HX
UK

If you have questions about your personal data or our privacy policy, please contact us at info@omlet.ie. You can also call on the number at the top of the website. We will need to verify the identity of the person making the request. If the request for information about your personal data is made electronically, we will provide the information in a commonly used electronic format. Information will normally be provided within 1 month of receipt. Where requests are complex or numerous we may extend the response period by a further two months. If this is the case, we will inform you within one month of the receipt of the request and explain why the extension is necessary. Where requests are manifestly unfounded or excessive, in particular because they are repetitive, we may:

  • charge a reasonable fee taking into account the administrative costs of providing the information; or
  • refuse to respond.

If we refuse to respond to a request, we will explain why, informing you of your right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within one month.

You have the right to contact the Information Commissioners Office regarding how Omlet uses your personal Data. They can be contacted via the ICO helpline telephone: 0303 123 1113