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Enesco Limited — UK Privacy Policy

Welcome to www.jimshoredesigns.co.uk (the "Site"), a website operated in the United Kingdom by Enesco Limited, a company incorporated in England and Wales with company registration number 2137296, VAT number GB 473 223 852 and whose registered office is located at Brunthill Road, Kingstown, Carlisle, Cumbria, CA3 0EN, United Kingdom ("Enesco", "we", "us" or "our"). Enesco Limited is the controller and is responsible for your personal data.

Enesco values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to our Site and your use of any of the services or features we provide is subject to our Terms & Conditions of which this Privacy Policy is part.

This Privacy Policy (together with our Terms & Conditions, Cookie Policy and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. It applies to information we collect in relation to:

  • Users of our Site;
  • People who use our services;
  • Employees or representatives of organisations who use our services or supply us with goods or services;
  • People who contact us via any medium (e.g by post, email or telephone).

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting this Site you are accepting and consenting to the practices described in this Privacy Policy.

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those websites.

1. The personal data we collect about you

1.1 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 as follows:

  • Identity data, including name, title, username or similar identifier;
  • Contact information, including billing address delivery address, email address and telephone numbers;
  • Financial information, including [bank account and] debit or credit card information;
  • Transaction data, including payment details and information about the products that you have purchased from us;
  • Technical data, including the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, launguage your system operates in, browser plug-in types and versions, operating system and platform and information about how you use our Site; and
  • Profile data, including username, password, date of birth, marketing and communications preferences and any feedback or survey responses.

1.2 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 information about how you use our Site to calculate the percentage of users accessing a specific Site 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 Policy.

1.3 Failure 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.

2. How we collect your personal data

2.1 Information you give to us. You may give us information about you by filling in forms on our Site, registering with us via our Site, or by corresponding with us by telephone, e-mail, or otherwise.

2.2 Information we collect about you. With regard to each of your visits to our Site, we may automatically collect the following information:

  • technical information including the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
  • information about your visit including the full Uniform Resource Locators ("URL") clickstream to, through and from our Site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any telephone number used to call our customer service number; and

2.3 Information we receive from other sources. We may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.

3. Cookies

Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site. For detailed information on the cookies we use and the purposes for which we use them, please see our Cookie Policy.

4. Use of the information

4.1 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), by which we mean in the interest of our business in conducting and managing our business to enable us to give you the best service 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.
  • Where we need to comply with a legal or regulatory obligation that we are subject to.

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. Please 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.

4.2 We use information held about you in the following ways. We have also identified the legal bases we rely on to do so or where appropriate what our legitimate interests are.

Purpose/Activity


Lawful basis including legitimate interest

To process and deliver your order: including to (i) fulfil your order (including acknowledging your order and communicating with you if there is any issue regarding the fulfilment of your order); (ii) make sure your order is delivered correctly; (iii) manage payments, fees and charges; and (iv) collect and recover money owed to us
  • Performance of a contract with you.
  • Necessary for our legitimate interest (to recover debts due to us)

 

 

To manage our relationship with you including to (i) register you as a new customer; (ii) enable us to answer any questions you have about using our Site; (iii) notify you about changes to policies or our services; or (iv) invite you to leave a survey or feedback.

 
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable us to administer our business and the Site and for the purposes of internal operations including troubleshooting, data analysis, testing, research, statistical and survey purposes

 
  • 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)
  • Necessary to comply with a legal obligation

To improve our Site including to (i) ensure that content is presented in the most effective manner for you and your computer; (ii) allow you to participate in interactive features of our service when you choose to do so; and (iii) to help keep our Site safe and secure

 
  • Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud)

 

 

To use data analytics to improve our service to you including to: (i) measure or understand the effectiveness of advertising we serve to you and others; and (ii) deliver relevant advertising to you.

 
  • 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)
  • 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 and other users of our Site about goods or services that may interest you or them.

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

4.3 Marketing:

  • Direct Marketing: Sign up to get the latest on sales, new releases and more…By clicking ‘Agree & Sign Up’ I confirm that I have read and understood the Terms and Conditions and the Privacy Policy, and I consent to receiving email communications, including details of goods and services that we feel may be of interest to you, in connection with the newsletter.
  • Electronic Marketing: If you are an existing customer, we will only contact you by electronic means (e-mail or text) about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
  • Other Marketing: We will only contact you by post or telephone if you have consented to this.

4.4 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 information 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.


5. Disclosure of your information

We may share your personal information with the parties set out below for the purposes set out in paragraph 4 above. 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 sell, rent or provide your personal details to other companies or individuals for their marketing purposes.

5.1 We may share your personal information with any member or brand within our group, which means our parent undertaking and all of its subsidiary undertakings (terms in italics shall have the meaning ascribed to them in section 1161 and 1162 of the UK Companies Act 2006). Please visit www.enesco.co.uk for more information about our group and brands.

5.2 From time to time we retain the services of other carefully selected and monitored companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Site. We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (for example, in order to process your order and maintain your account, including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc.). These companies or individuals may be provided with access to your personal details in order to fulfil their function but may not use such information for any other purpose.
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our Site.

5.3 We may disclose your personal information to third parties:

  • In the event that we propose to sell our business or our assets, we may need to disclose your personal data to the prospective seller or buyer of such business or assets as part of their due diligence investigation.
  • If Enesco Limited or its parent undertaking or any subsidiary undertaking is sold or substantially all of the assets of Enesco Limited are acquired by a third party, the personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms & Conditions and other agreements; or to protect our rights, property, or safety (or the rights, property, safety of our customers, or others). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

5.4 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.

6. International Transfers and data security

6.1 The data that we collect from you may be transferred to and stored at a destination outside of the country from which it was originally collected. This may include transfers outside of the European Economic Area ("EEA") (including to the USA). It may also be processed by staff working outside of the EEA who work for us or for one of our suppliers. Such staff may be engaged in, amongst other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and applicable law. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. 
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

6.2 We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history.

6.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. Data Retention

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 (including contact and identity information and transaction data) for six years after they cease being customers for tax purposes.

Enesco Ltd retains data in line with its Records Retention policy.

Please contact us if you would like further information in relation to the different retention periods for different aspects of your personal data.

8. Third party websites

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

9. Your legal rights

9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the following rights please email us at uksales@enesco.co.uk. 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: (i) if you want us to establish the data's accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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 (iv) 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.

9.2 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.

9.3 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.

9.4 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.

9.5 Complaints: You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

10. Right to object to marketing

You have the right to ask us not to process your personal data for marketing purposes by contacting us at any time. We will inform you (before collecting your data) if we intend to use your data for such purposes. We will get your express opt-in consent before we share your personal data with any third parties for such purposes.

11. E-mail opt-out

You can at any time tell us not to send you marketing communications by e-mail, by clicking on the unsubscribe link within the marketing e-mails you receive from us.

12. Postal mail opt-out

You can at any time ask us to stop sending you marketing communications by postal mail by following the instructions that may be included in a particular promotion. If you have registered with us, you may also opt out of receiving postal mail from us by logging into your account and amending your preferences.

13. Changes to our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy.

14. Contact

Questions, comments or requests regarding this Privacy Policy are welcomed and should be addressed by email to uksales@enesco.co.uk or by post to Brunthill Road, Kingstown, Carlisle, Cumbria CA3 0EN, United Kingdom.

15. Non-waiver

No failure to exercise and no delay on the part of Enesco in exercising any right, remedy, power or privilege of Enesco under this Privacy Policy and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Enesco.

16. Law, jurisdiction and language

This Site, any content contained herein, and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

17. Currency Conversion on site

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

Date of Last Update: 27th June 2022.