Privacy & Cookies

1. INTRODUCTION

1.1 Welcome to the WE ARE LUXE LIMITED privacy policy.

1.2 This privacy policy 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.

1.3 Please also use the Glossary at the end of this policy to understand the meaning of some of the terms used in it.

2. IMPORTANT INFORMATION AND WHO WE ARE

2.1 This privacy policy aims to give you information on how We Are Luxe Limited collects and processes your personal data through your use of this website, including any data you may provide through this website when you purchase goods from us. 

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

2.3 It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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 policy supplements other notices and privacy policies and is not intended to override them.

3. CONTROLLER

3.1 We Are Luxe Limited is the controller and responsible for your personal data (collectively referred to as We Are Luxe Limited, “we”, “us” or “our” in this privacy policy).

3.1 We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy please contact the DPO using the details set out below.

4. CONTACT DETAILS

4.1 If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: We Are Luxe Limited

Email address: [email protected]

Postal address: 100 West George Street, Glasgow, Scotland, G2 1PJ

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator 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.

5. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

5.1 We keep our privacy policy under regular review. We publish the current version of our privacy policy on our website and we will update this from time to time. We will contact you (by email) to notify you of these updates where:

• we are making substantial changes; or
• we are doing something with your personal data, which you might not expect based on what we have told you in this privacy policy.

Otherwise, any updates to this privacy policy will be notified on our website and through our other communications with you.  It is important that the personal data we hold about you is accurate and current. If any of the personal data that you have provided to us changes, such as your email address, or if you become aware that we have any inaccurate personal data about you, please contact us at [email protected].

Third-Party Links

5.2 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 policy of every website you visit.

6. THE DATA WE COLLECT ABOUT YOU

6.1 Personal data means any information about an individual from which that person can be identified. It does not include data where the personal identifiers have been removed such that it is unlikely that this data will directly or indirectly reveal a person’s identity (anonymous data).

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

What personal data do we collect?	Where is this personal data collected from?
Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender	You may give us your Identity Data by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you: • create an account on our website; • request marketing to be sent to you; • enter a competition, promotion or survey; or give us feedback or contact us.
Contact Data includes billing address, delivery address, email address, and telephone numbers.	You may give us your Contact Data by filling in forms or by corresponding with us by post, email, or otherwise. This includes personal data you provide when you: • create an account on our website; • request marketing to be sent to you; • enter a competition, promotion, or survey; or give us feedback or contact us
Financial Data includes bank account and payment card details	You may give us your Financial Data when you pay for an order for goods with us.
Transaction Data includes details about payments to and from you and other details of goods you have purchased from us	You may give us your Transaction Data when you place an order for goods with 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	This information is collected when you use our website. 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.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses	This information is collected when you make an account on our website and log into and undertake activity on that account.
Usage Data includes information about how you use our website and goods	This information is collected when you use our website.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences	This information may be collected when you place an order.

6.3 We may 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 it is unlikely that this data will directly or indirectly reveal your identity. As explained in paragraph 6.1, this data will be ‘anonymous data’.  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 policy.

6.4 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.

7. IF YOU FAIL TO PROVIDE PERSONAL DATA

7.1 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). In this case, we may have to cancel an order for goods you have with us but we will notify you if this is the case at the time.

8. THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES

8.1 We will receive personal data about you from various third parties as set out below.

8.1.1 Technical Data from the following parties:

8.1.1.1. analytics providers;

8.1.1.2. email marketing system providers such as Klaviyo within the UK;

8.1.1.3. embedded content from other websites (videos, images, articles etc.);

8.1.1.4. advertising networks; and

8.1.1.5. search information providers.

8.1.2 Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Braintree, DPD, UPS, PayPal, and other major debit and credit card providers based inside OR outside the UK.

9. HOW WE USE YOUR PERSONAL DATA 

9.1 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:

9.1.1 Where we need to perform the contract we are about to enter into or have entered into with you.

9.1.2 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.

9.1.3 Where we need to comply with a legal obligation.

9.2 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 lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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

9.4 Where we process your personal data for our legitimate interests, we have determined, acting reasonably and considering the circumstances, that we are able to rely on legitimate interests as the lawful basis on which to process your personal data in certain circumstances (we have stated this below and set out our legitimate interests).  We have reached this decision by carrying out a balancing exercise to make sure our legitimate interest does not override your privacy rights as an individual.

9.5 We consider that it is reasonable for us to process your information for the purposes of our legitimate interests outlined below as: (a) we process your information only so far as is necessary for such purpose; and (b) it can be reasonably expected for us to process your information in this way.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	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 (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(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 policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(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 goods)
To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our goods, 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 (b) Contact (c) Technical	(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 (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our goods, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, goods, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our goods to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To contact you with marketing communications  and make suggestions and recommendations to you about goods that may be of interest to you	(a) Marketing and Communications	Necessary for our legitimate interests (to develop our goods and grow our business)

10. MARKETING AND COOKIES

10.1 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

10.2 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 goods 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 from us and you have not opted out of receiving that marketing. 

10.3 Generally, we do not rely on consent as a lawful basis for processing your personal data (see paragraph 9 for information on which lawful bases we do rely on), although we will get your consent before 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 or by following the opt-out (unsubscribe) links on any marketing message sent to you. There may be circumstances when we can lawfully send marketing messages without your express consent, for example, where you have enquired about or have purchased goods from us, and it is in our legitimate interests to get in touch with you about similar products and services

10.4 We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out 

10.5 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out (unsubscribe) links on any marketing message sent to you.

10.6 Even if you have opted out of marketing messages, we may still need to send you communications that are not direct marketing messages (service communications) from time to time either because we are legally required to do so, or to provide you with important updates relating to our services or your order.

10.7 Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of our goods or account registration.  

Cookies 

10.8 You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. 

11. CHANGE OF PURPOSE

11.1 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 a related purpose.

11. 2 If we need to use your personal data for an unrelated purpose, we will notify you by email or we will update this privacy policy in accordance with paragraph 5 and we will explain the lawful basis which allows us to do so. 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 at [email protected].

11.3 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.

12. DISCLOSURES OF YOUR PERSONAL DATA

12.1 We may share your personal data with the parties set out below for the purposes set out in the table (Purposes for which we will use your personal data) above.

12.1.1 External Third Parties as set out in the Glossary, as updated from time to time; and

12.1.2 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

12.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. Our third-party service providers will only use your data for the purposes of providing services to us. Where a third party is processing your personal data for their own purposes, that processing will be explained further to you in that third party’s privacy notice.

13. INTERNATIONAL TRANSFERS

13.1 We share your personal data within the Company Group. This will involve transferring your data outside the UK or EEA.

13.2 Whenever we transfer your personal data out of the UK or EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

13.2.1 We will only transfer your personal data to countries that have been deemed by the UK Secretary of State or EU Commission to provide an adequate level of protection for personal data; or

13.2.2 Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. These include Standard Contractual Clauses (SCCs). 

13.3 We will also carry out an appropriate risk assessment of the laws and practices of the destination country to identify any further technical and organisational measures that need to be put in place to ensure that your personal data is fully protected when in that country.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA.

14. DATA SECURITY

14.1 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. 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.

14.2 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.

15. DATA RETENTION

15.1 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.

15.2 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.

15.3 Please contact us should you require any further information about the specific length of time that we retain your personal data for.

15.4 In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below for further information. 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 of our relationship with you.

15.5 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.  See paragraph 6.1 for an explanation of what we mean by ‘anonymous data’.  

16. YOUR LEGAL RIGHTS

16.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to: (i) request access to your personal data; (ii) request correction of your personal data; (iii) request erasure of your personal data; (iv) object to processing of your personal data; (v) request transfer of your personal data; and (vi) right to withdraw consent.  For further information regarding these rights, please see the Glossary.  If you wish to exercise any of these rights, please contact us using the contact details provided above. 

16.2 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 or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

16.3 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.

17. TIME LIMIT TO RESPOND

17.1 We try to respond to all legitimate requests within one month. Occasionally it could 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.

1. GLOSSARY

This Glossary contains terms used throughout the privacy policy. 

1.1 Lawful basis

1.1.1 Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best goods 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.

1.1.2 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.

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

1.2 External third parties

1.2.1 Service providers acting as processors based in the United States of America who provide IT and system administration services. For more information regarding transfers to processors outside of the UK or EEA, please see paragraph 13. 

1.2.2 Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.

1.2.3 HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

1.2.4 Email marketing system providers such as Klaviyo.

1.2.5 Payment providers such as BrainTree and PayPal.  

2. YOUR LEGAL RIGHTS

You have the right to:

2.1 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.

2.2 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.

2.3 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.

2.4 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.

2.5 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:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• 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.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

2.6 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.

2.7 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 our goods or certain services to you. We will advise you if this is the case at the time you withdraw your consent.