Elephant Gin GmbH (“we”; “us”; “our”) respects your privacy and is committed to protecting your personal information at all times in everything we do. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. It also sets out your legal rights in relation to the information we hold about you.
ABOUT THIS POLICY
This privacy notice applies to our use of any personal information which we may collect from you through your use of this website, including any information you may provide when you purchase any product or service from us, sign up to our newsletters or take part in any competition or promotion sponsored by us. In addition, this privacy notice applies to our use of any information about you which we may collect from you via face-to-face communication, post, phone, email, social media or any other means of communication (including any form of electronic communication). This privacy notice also applies to any information about you which we may collect from any third party in the course of running our business.
THE INFORMATION WE COLLECT ABOUT YOU
We may collect, use, store and transfer a number of different kinds of personal information about you which we have grouped together as follows:
We may also be required to process additional information about you from time to time in the course of operating our business where this is necessary for the purposes of administering our business correctly and/or promoting our products and services effectively.
Where we need to collect personal information 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 products or services). In this case, we may have to cancel a product or service you have ordered from us but we will notify you if this is the case at the time.
HOW YOUR INFORMATION IS COLLECTED
We will mainly collect personal information about you through direct interactions with you. You may give us your personal information by filling in forms or by corresponding with us through our website or by post, phone, email, social media or any other means of communication (including any form of electronic communication). This includes personal information you provide when you: (i) order / purchase our products or services; (ii) subscribe to receive our products, services, publications or newsletters; (iii) request marketing materials to be sent to you; (iv) enter a competition, promotion or survey; or (v) provide us with any feedback or other communications.
As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies.
We may also collect information about you from other entities in our group, from our business partners and from various other third party service providers, including but not limited to professional advisers, analytics providers, advertising networks, search information providers, fraud prevention and credit reference agencies and providers of technical, payment and delivery services.
It is important that the personal information we hold about you is accurate and up to date. Please let us know if your personal information changes at any time during your relationship with us.
SHARING PERSONAL INFORMATION WITH THIRD PARTIES
We will not share, sell or trade your personal information with any third parties for marketing purposes, except with your consent (other than in connection with a sale of our business or other business transition). We do not contribute to or participate in cooperative databases, which give other companies access to such personal information.
We may disclose your personal information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorised use of the website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of this website or the public.
We may also disclose your personal information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide product fulfillment and shipping services; and (h) provide other services designed to assist us in developing and running our website and maximising our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us; however, we have no control over the manner in which these third parties operate or handle the information.
We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, and for system maintenance support and hosting of data
In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred.
Our website may allow users to post comments and other content to our website. Any personal information that you post to our website will become public information and will be accessible by other users of the website. In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such personal information that you may choose to post to our website.
Third-Party Providers we currently use:
- PDF Order Printer Pro. We use PDF Order Printer Pro to print or create PDF invoices and packing slips from your Shopify orders - refer to their compliance policy.
We may obtain information about your use of our website by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and to deliver a better and more personalised service. Some of the cookies we use are essential for the website to operate.
HOW WE USE YOUR INFORMATION
We will only use your personal information where we have a lawful basis for doing so. Most commonly, we will use your personal information 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 the purposes of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those legitimate interests.
- Where we need to comply with any legal obligation or regulatory requirement.
- Where we need to protect your interests (or someone else's interests) or where it is needed in the public interest (although these circumstances are likely to be rare).
We may also use consent as a lawful basis for providing you with marketing communications in certain circumstances.
We will only use your personal information for the purposes for which we collected it as set out in this notice, 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 information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you require details about the specific lawful ground we are relying on to process your personal information.
We may use your personal information 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, promotions and/or offers may be relevant for you for the purposes of marketing.
You will receive marketing materials from us if you have requested this information from us. You may also receive marketing materials from us if you have purchased products or services from us, or engaged in negotiations with us in connection with our products or services, or if you have provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving marketing materials. In these circumstances, we will provide you with marketing materials on the lawful basis that it is necessary for the purposes of our legitimate interests in developing and promoting our products and services and growing our business.
If you are a company or LLP (or are acting in a professional capacity as part of one) we use your contact details as necessary for our legitimate interests in marketing to you (by various channels) and maintaining a list of potential customers.
If you have provided us with your details and none of the above circumstances apply, you will only receive marketing materials, email newsletters or email promotions from us in circumstances where you have provided an opt-in consent which confirms that you want to receive such marketing from us. In these circumstances, you have the right to withdraw your consent at any time to the use of your personal information for marketing purposes.
Opting out of marketing
You have the right to object at any time to the processing of your personal information for direct marketing purposes. If you object to such processing, we will cease to process your personal information for direct marketing purposes.
You can ask us to stop sending you marketing materials at any time by: (i) following the opt-out links on any marketing communication, email message or email newsletter sent to you; or (ii) contacting us by email at email@example.com
Where we consider there to be a risk that we may need to defend or bring legal claims, we may retain your personal information as necessary for our legitimate interests in ensuring that we can properly bring or defend legal claims. We may also need to share this information with our insurers or legal advisers. How long we keep this information for will depend on the nature of the claim and how long we consider there to be a risk that we will need to defend or bring a claim.
HOW LONG WE RETAIN YOUR INFORMATION
We will retain your personal information 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 information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Where we collect your information in relation to an order you place with us for products, we will usually keep this information for a period of up to seven years after the date of the contract to enable us to deal with any after sales enquiries or claims and as required for tax purposes.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
DISCLOSURES OF YOUR INFORMATION
We may need to share your information with various third parties which provide services to us or act on our behalf in connection with the operation of our business. In particular, your information may be disclosed to the following categories of third parties:
- Professional advisers (including legal advisers and financial advisers), auditors, insurers, bankers, and financial organisations.
- Other third party service providers which provide services to us in connection with the operation of our business, including but not limited to: IT and system administration services and other technical services; website development services; data storage services; digital marketing and email deployment services; tour booking services; customer fulfillment services; logistics, distribution and delivery services; data analytics services; fraud prevention and credit reference services; and payment processing and receipt processing services.
- Trade associates and business partners.
- Third parties with whom we may enter into negotiations in respect of a commercial agreement, e.g. joint business venture.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
- HM Revenue & Customs or any other public authority or regulatory authority in circumstances where we are required to disclose personal information by law.
We require all third-party service providers to respect the security of your personal information and to treat it in accordance with the law. Where we provide information to third parties which act as data processors on our behalf, we do not permit those third parties to use your information for their own purposes and only permit them to process your information for specified purposes and in accordance with our instructions.
WHERE WE STORE YOUR INFORMATION
Our office headquarters are based in Anklamer Strasse 28, 10115, Berlin, Germany and our main data centre is located in Anklamer Strasse 28, 10115, Berlin, Germany. However, where required to perform our contract with you or for our wider business purposes, the information that we hold about you may be transferred to, and stored at, a destination outside the UK and the EU. It may also be processed by staff operating outside the UK and EU who work for us or for one of our service providers.
Where we collect your information in relation to the purchase you make with us, we will usually keep this information for as long as it is necessary to perform the contract we are bound to, or as long as necessary to deal with any enquiries or claims and as required for tax purposes. In other cases, we will only use your personal data as long as we still have your consent to do so. Please remember that when your consent is our legal basis to use your data, you can always revoke it at any time.
We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy notice.
Some countries or organisations outside of the UK and the EU which we may transfer your information to will have an "adequacy decision" in place, meaning the EU considers them to have an adequate data protection regime in place. These are set out on the European Commission website: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en .
If we transfer data to countries or organisations outside of the UK and the EU which the EU does not consider to have an adequate data protection regime in place, we will ensure that appropriate safeguards (for example, model clauses approved by the EU or a data protection authority) are put in place where required. To obtain more details of these safeguards, please contact us.
As well as the measures set out above in relation to sharing of your information, we have put in place appropriate internal security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where necessary.
YOUR LEGAL RIGHTS IN RELATION TO YOUR INFORMATION
Under data protection law, you have a number of legal rights in relation to the personal information which we hold about you. We respect your legal rights in relation to your information and aim to uphold your rights in everything we do. Your legal rights under data protection law include the following:
- Subject access right – You can ask us to provide you with a copy of the personal information which we hold about you and a description of how we use your information.
- Right to rectification – If you believe any information we hold about you may be inaccurate or incomplete, you can require us to rectify these inaccuracies.
- Right to erasure / Right to be forgotten – You can require us to erase your information in certain circumstances. However, please note 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.
- Right to data portability – Where we process your information using automated means of processing on the basis of your consent or for the purposes of performing a contract with you, you can request that we supply such information to another party in a machine-readable format.
- Right to restriction of processing – You can require us to restrict or suspend our processing of your information in certain limited circumstances.
- Right to object to processing – Where we process your information on the lawful basis that such processing is necessary for the purposes of our legitimate interests, you have the right to object to us processing your information in certain circumstances.
- Right to object to processing for direct marketing purposes – You have the right to object at any time to the processing of your information for direct marketing purposes. If you object to us processing your information for direct marketing purposes, we will no longer process your information for such purposes.
- Right to withdraw consent – If we process your information on the basis of your consent, you have the right to withdraw your consent at any time to the processing of your information. However, please note that this will not affect the lawfulness of any processing of your information carried out before you withdraw your consent.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information or request that we transfer a copy of your personal information to another party, please visit this link or contact us.
No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you. We may need to request specific information from you to help us understand the nature of your request, to confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. If we request any identification from you for this purpose, it is on the basis that it is necessary to comply with our legal obligations, and we will only keep and use this until your identity has been verified.
Timescale. Please consider your request responsibly before submitting it. We will respond to your request as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we will let you know.
HOW TO CONTACT US
Please get in touch if you have any questions about how we use your information or you wish to contact us about your legal rights or if you have any complaints or feedback about our use of your information. Please contact us at any time by sending an email to us at firstname.lastname@example.org.
If you wish to submit a complaint or express any concerns about our use of your information, please contact us in the first instance. We will do our best to resolve your complaint or address your concerns to your satisfaction. However, if you feel that we have not resolved your complaint or addressed your concerns, please note that you have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues.
CHANGES TO THIS POLICY
Please note that we may update this privacy notice at any time. Any changes to this privacy notice will be posted on our website, and where appropriate, notified to you by email.
We are Elephant Gin GmbH.
Our registered office is at:
Elephant Gin GmbH
Company No. 30409808
VAT GER UstID: DE291453060
Updated on 3rd October, 2023