INTRODUCTION

This Privacy Notice regulates the use by Just After Midnight (“Just After Midnight”, “Our”, “Us”, “We”) of “personal data” that a Data Subject (“You”) provide to Just After Midnight prudent to obtaining products or services from Just After Midnight or its business partners (“Vendors”).  Personal data is information which relates to an individual and from which they can be identified directly or indirectly through other data in possession.

Just After Midnight is registered as a “data controller” and has given appropriate notifications to the UK Supervisory Authority, the Information Commissioner’s Office (ICO).  Just After Midnight processes personal data in accordance with applicable Data Protection legislation, Data Protection Act 2018 and (UK) General Data Protection Regulations, (collectively “Data Protection Laws”).  For queries concerning data protection matters at Just After Midnight, please contact Just After Midnight’s Information Security Team – please see “Contact Us” section at the bottom of this notice for details.

We respect your privacy and are committed to protecting your personal data.

This Privacy Notice has sought to have been prepared in plain English (and is provided with ‘Headings’ with the aim that you can easily review the specific areas set out below).

Purpose of this Privacy Notice

This Privacy Notice is intended to inform you as to how we collect and process your personal data, and to tell you about your privacy rights and how the law protects you.  This applies however you interreact with us (e.g. when you might purchase a product or service, or sign up to any of our newsletter(s), or take part in a competition etc.) including any data you may provide through use of our website(s) and regardless of where you visit any of them from.

Our website(s) are not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this Privacy Notice (together with any other Privacy Notice or fair processing notice 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 Notice supplements any other privacy notices we may provide and is not intended to override them.

Changes to the Privacy Notice

Please note that this Privacy Notice Statement may be amended in future to reflect any changes in Data Protection laws, our services, or our organisation.

Third-party links

Our website(s) 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 any of our website(s), we encourage you to read the Privacy Notice of every website that you visit.

THE DATA WE COLLECT ABOUT YOU

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 – which we have grouped together as follows:

  • Identity Data including first name, last name, marital status, title, date of birth and gender.
  • Contact Data including billing address, delivery address, email address and telephone number.
  • Financial Data including bank account, payment card and electronic payment details.
  • Transaction Data including details about payments to and from you (or a linked business) and other details of products and services that you (or a linked business) have purchased from us.
  • Technical Data including 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 our website(s).
  • Profile Data including your username and password, your interests, preferences, feedback and survey responses.
  • Usage Data including information about how you use our website(s), products and services.
  • Marketing and Communications Data including your preferences in receiving marketing from us and third parties and your communication preferences.

We may 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 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 notice.

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.

HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email, via our website(s) or otherwise. This includes personal data you provide when you:

  • apply for our products or services;
  • create an account on any of our website(s);
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey; or
  • provide us with feedback.

Automated technologies or interactions. As you interact with any of our website(s), we may 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. Please see such cookie policy(ies) as we may maintain (from time to time).  Further details on cookies can be found below.

Third parties or publicly available sources. We may receive personal data about you from various third parties (and public sources) based both inside and / or outside the EU – such as those as are set out below:

  • Technical Data from the following parties:
    • analytics providers;
    • advertising networks; and
    • search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators; and from publicly available sources.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to.

Under the Data Protection Laws, the lawful bases we rely on for processing this information are:

  • Your consent. You are able to remove your consent at any time. You can do this by contacting us directly – please see “Contact Us” section at the bottom of this notice for details
  • We have a contractual obligation
  • We have a legal or regulatory obligation – meaning that processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
  • We have a vital interest
  • We need it to perform a public task
  • We have a legitimate interest and your interests and fundamental rights do not override those interests

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 electronic text message – where your consent – in appropriate circumstances – may be treated as implicit).

We have set out below, in a table format, a description of all the ways we expect to use your personal data, and which of the legal bases we rely on to do so.

We have also identified our legitimate interests for collecting/processing data.

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.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product 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 – please see “Contact Us” section at the bottom of this notice for details.

Please also contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you – or  a linked business – as a new customer

(a) Identity

(b) Contact

Performance of a contract with you – or a linked business
To process and deliver your – or a linked business’ 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 – or a linked business (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you – or a linked business – which will include: (a) Notifying you about changes to our terms or privacy notice (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 – or a linked business (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 products/services)
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 – or a linked business (b) Necessary for our legitimate interests (to study how customers use our products / services, to develop them and grow our business)
To administer and protect our business and our website(s) (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 products / services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website(s), products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website(s) updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you – or a linked business

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

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

HOW WE STORE YOUR PERSONAL DATA

Just After Midnight may process and store personal data, that you provide to us, on our internal and external third party hosted systems.  Personal data that you provide to us shall be stored on systems with technical and organisational security measures and controls that strengthen data security.  We will only store personal data for as long as necessary for Just After Midnight to process such personal data, or for as long as required prudent to applicable records retention obligations.  If the personal information you provide is inaccurate or becomes out of date, then you must inform us and we will update our records.

HOW LONG WE KEEP YOUR PERSONAL DATA

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, Identity, Financial and Transaction Data) for at least six (6) years after they cease being customers (for tax purposes).

In some circumstances you can ask us to delete your data: see ”Your right to erasure” in the “Your Data Protection Rights” section below.

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.

YOUR DUTY TO PROVIDE PERSONAL DATA AND INFORM US OF CHANGES

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 – or a linked business – with goods or services).

In such circumstances, we may have to cancel a product or service you – or a lined business – have with us, but we will notify you if this is the case at the time.

It is important that the personal data we hold about you is accurate and current.

Please keep us informed if your personal data changes during your relationship with us.

MARKETING

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

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 – or a linked business. This is how we decide which products, services and offers may be relevant for you – or a linked business (we call this marketing).

You may receive marketing communications from us if you – or a linked business – have requested information from us or purchased goods or services from us (or if you 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 that marketing communication.

You have the right to withdraw consent to marketing at any time via any contact method – please see “Contact Us” section at the bottom of this notice for details.

THIRD-PARTY MARKETING

We will obtain your express opt-in consent before we share your personal data with any other company (outside of our group of companies) for marketing purposes.

OPTING OUT

You can ask us (or third parties) to stop sending you marketing messages at any time by

  • accessing any privacy centre accessible from our website(s) and checking or unchecking relevant boxes to adjust your marketing preferences; or
  • by following the opt-out links on any marketing message sent to you; or
  • by contacting us directly – please see “Contact Us” section at the bottom of this notice for details  (at any time).

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

CHANGE OF PURPOSE

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 you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us directly – see “Contact Us” section at the bottom of this notice for details.

If we need to use your personal data 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.

DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table under “How we use your personal data” above.

  • Internal Third Parties
  • External Third Parties
  • 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 Notice.

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.

DATA SECURITY

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.

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).

DATA RETENTION

How long will you keep my personal data for?

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, Identity, Financial and Transaction Data) for at least six (6) years after they cease being customers (for tax purposes).

In some circumstances you can ask us to delete your data: see ”Your right to erasure” in the “Your Data Protection Rights” section below.

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.

YOUR DATA PROTECTION RIGHTS

Under data protection law, you have rights including:

Your right of 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.

Your right to rectification  of such 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.

Your right to 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.

Your right to 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 overrides your rights and freedoms.

Your right to 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Your right to 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.

Your right to 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.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

However, if a request is without foundation, repetitive or excessive, there may be a fee associated with any response or we may reasonably refuse to comply with your request.  Excessive requests may also require longer to respond to.

Please contact us via any of the methods in our “Contact Us” section at the bottom of this notice if you wish to make a request.

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.

DATA REQUESTS AND TIME 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 such circumstances, we will notify you and keep you updated.

THIRD PARTIES

EXTERNAL THIRD PARTIES

  • Service providers based within the EEA (such as those who provide IT and system administration services).
  • Professional advisers and assistance service providers based in the EEA (including lawyers, bankers, accountants, auditors, insurers and consultants).
  • HM Revenue & Customs, regulators and certain other public authorities based in the EEA.
  • Certain other third parties based in the EEA, for example, market researchers, fraud prevention agencies, price comparison sites etc.

COOKIES

Cookies are very small text files that are stored on your computer when you visit some websites.

We use cookies to provide you with the best user experience and also to tell us which pages you find most interesting (anonymously).

Out of these, the cookies that are categorised as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyse and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.

Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.

Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.

Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.

Other uncategorised cookies are those that are being analysed and have not been classified into a category as yet.

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 our website(s) may become inaccessible or not function properly.

COMPLAINTS

If you are not happy with the way in which your personal data is held or processed by us then we request that you notify our Head of Information Security, at the contact details set out below, so that we may address your concerns swiftly.

You have the right to raise a complaint with the ICO directly but we would welcome the opportunity to address your concerns directly.

Complaints to the ICO can be directed to the below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

CONTACT US

If there are any questions regarding this Privacy Notice, pleases contact us using the information below:

Information Security Team
Gainsborough House
Basingstoke Road
Reading
RG2 0NA

via email: [email protected]

via our website: https://www.justaftermidnight247.com/contact/

 

Last Edited on 09 August 2022