Apnea (Jersey) Limited (‘Apnea’)
This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we store and handle that data and keep it safe.
We know that there is a lot of information here but we want you to be fully informed about your rights and how Apnea uses your data.
We hope the following sections will answer any questions you have but if not, please get in touch with us.
It is likely that we will need to update this Privacy Notice from time to time and you are welcome to come back and check it whenever you wish.
Explaining the legal basis we rely on
The Jersey law on data protection (in line with UK/EU GDPR) sets out a number of different reasons for which a company may collect and process your personal data, including:-
In specific situations we can collect and process your data with your consent – for example, when you tick a box to receive email newsletters.
When collecting your personal data we will always make it clear to you which data is necessary in connection with a particular service.
In certain circumstances we need your personal data to comply with our contractual obligations – for example, if you order from us for home delivery, we will collect your address details to arrange delivery of your purchase.
If the law requires us to, we may need to collect and process your data – for example, we can pass on details of people involved in fraud or other criminal activity affecting Apnea to law enforcement agencies.
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests – for example, we may use your purchase history to send you or make available offers that we think may be of interest to you based on that history data.
We also combine the shopping history of many customers to identify trends and ensure we can keep up with demand or develop new services or source new products.
We may also use your address details to send you direct marketing information by email, telling you about products and services that we think might interest you.
When do we collect your personal data?
When you visit our website and use your account to buy products and services, or redeem vouchers from Apnea in our shop or on-line
When you create an account with us
When you purchase a product or service in store or by phone but do not have (or do not use) an on-line registered account
When you engage with us on social media
When you contact us by any means with queries, complaints etc.
When you ask us to email you information about a product or service
When you comment on or review our products and services. Any individual may access personal data related to them
When you fill in any forms. For example, if an accident happens in our shop. Apnea may collect your personal data
When you have given a third party permission to share with us the information they hold about you
When you use our shop which may have CCTV systems operated for the security of both customers and Apnea. These systems may record your image during your visit.
What sort of personal data do we collect?
If you have a web account with us, your name, gender, date of birth, billing/delivery address, orders and receipts, email and telephone numbers. For your security, we’ll also keep an encrypted record of your login password
Details of your interactions with us in our shop, online or by using one of our apps. For example, we collect notes from our conversations with you, details of any complaints or comments you make, details of purchases you made, items viewed or added to your basket, gift voucher purchases or redemptions, brands you show an interest in, web pages you visit and how and when you contact us
Copies of documents you provide to prove your age or identity where we feel a purchase of a product requires this as part of our security checks or if it is a requirement of law (which may include a copy of your passport and/or drivers licence). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality
Details of your visits to our website or apps, and which site you came from to ours
Personal details which help us to recommend items of interest – for example, you might tell us your clothing size, which we will use to guide our suggested items.
We will only ask for and use your personal data collected for recommending items of interest and to tailor your shopping experience with us. Of course, it is always your choice whether you share such details with us.
Your comments and product reviews
Your image may be recorded on CCTV when you visit our shop
To deliver the best possible web experience, we may collect technical information about your internet connection and browser as well as the country and telephone code where your computer is located, the web pages viewed during your visit and any search items you entered
Your social media user name, if you interact with us through those channels, to help us respond to your comments, questions or feedback.
How and why do we use your personal data?
We want to give you the best possible customer experience. One way to achieve this is to get the best picture we can of who you are by combining the data we have about you.
We then may use this to offer you promotions, products and services that are most likely to interest you.
The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service.
Of course, if you wish to change how we use your data, you will find details in the ‘what are my rights?’ section below.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you have asked for. For example, if you have asked us to let you know when an item comes back in stock, we cannot do that if you have withdrawn your general consent to hear from us.
Here is how we will use your personal data and why:-
To process any orders that you make by using our website or in our shop. If we do not collect your personal data during the check-out process, we may not be able to process your order and comply with our legal obligations. For example, your details may be need to be passed to a third party to supply or deliver the product or service that you ordered and we may keep your details for a reasonable time afterwards in order to fulfil any contractual obligations such as refunds, guarantees and so on.
To respond to your queries, refund requests and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communications with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
To protect our business and your account from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard your account. We will also monitor your browsing activity with us to quickly identify and resolves any problems and protect the integrity of our website. We will do all of this as part of our legitimate interest. For example, by checking your password when you login and using automated monitoring of IP addresses to identify possible fraudulent logins from unexpected locations.
To protect our customers, premises and assets from crime, we may operate a CCTV system in our shop which record images for security. We do this on the legitimate business interests.
To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.
If we discover any criminal activity or alleged criminal activity through our use of CCTV, fraud monitoring and suspicious transactions monitoring, we will process this data for the purpose of preventing or detecting unlawful acts. We aim to protect the individuals we interact with from criminal activities.
With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text and telephone about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on as and when we decide to do. Of course you are free to opt out of hearing from us by any of these channels of communication at any time.
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, possible updates to this Privacy Notice, product-recall notices and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
To display the most interesting content to you on our website, we may use data we hold about your favourite brands or products and so on. We do so on the basis of your consent to receive notifications and/or for the website to place cookies or similar technology on your device. For example, we might display a list of items you have recently looked at, or offer you recommendations based on your purchase history and any other data you have shared with us.
To administer any prize draws or competitions which we may offer in which you enter, based on your consent given at the time of entering
To develop, test and improve the systems, services and products we provide to you. We will do this on the basis of our legitimate business interests. For example, we may record your browser’s Session ID to help us understand more when you leave us online feedback about any problems you are having.
To comply with our contractual or legal obligations to share data with law enforcement. For example, when a court order is submitted to share data with law enforcement agencies or a court of law.
To maybe send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you. Of course you are free to opt out of receiving these requests from us at any time by updating your preferences in your online account.
To build a better picture of who you are and what you like, and to inform our business decisions, we will combine data captured from dealing directly with us, third parties and data from publicly available lists as we have described in the section ‘What Sort of Personal Data do we collect?’. We will do this on the basis of our legitimate business interest.
Sometimes, we will need to share your details with a third party who is providing a service (such as delivery couriers). We do so to full fill the order you have made. Without sharing your personal data, we would be unable to full fill your request.
Combining your data for personalised direct marketing
We may want to bring you offers and promotions that are relevant to your interests at particular times. To help us form a better overall understanding of you as a customer, we combine your personal data gathered as described above, for example your shopping history. For this purpose we also combine the data that we collect directly from you with data that we obtain from third parties to whom you have given your consent to pass that data on to us.
How we protect your personal data
We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate stops to protect it.
We secure all access to all our transactional areas of our website and apps using ‘https’ technology.
Access to your personal data is password protected. Sensitive information (such as payment card information) is not held by us when an on-line purchase is made (your payment data is used by the processing merchant via SSQ security systems to process the the payment for your card or other service provider) – no card or other payment data details are retained by Apnea.
How long will we keep your personal data?
Whenever we collect or process your personal data we will only keep it for as long as necessary for the purpose for which it was collected.
At the end of that retention period, your data will either be deleted completely or anonymised, for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
Some examples of customer data retention periods
Orders - When you place an order, we will keep the personal data you give us for a minimum of ten years so we can comply with our legal obligations. We will generally continue to hold the data just in case you wish to continue ordering from us, need information for insurance claim purposes or for whatever other reasonable purposes unless instructed by yourself that you no longer wish us to hold this information.
Inactive Accounts – If you have not used your account for more than 10 years it may be flagged as inactive and we may contact you to ask whether you want to keep it open. In such cases, unless you reply to say ‘yes’ to keeping the account open, we may close the account and delete the personal data associated with it.
Warranties – If your order included a warranty, the associated personal data will be kept until the end of the warranty period.
Who do we share your personal data with?
We sometimes may have to share your personal data with trusted third parties. For example, delivery couriers, technicians, for fraud management, to handle complaints, to help us personalise our offers to you and so on.
In such cases, here is the policy we will apply to those third parties to keep your data safe and protect your privacy:
We provide only the information they need to perform their specific services
They may only use your data for the exact purposes we specify in our contract with them
We work closely with them to ensure that your privacy is respected and protected at all times
If we stop using their services, any of your data held by them will either be deleted, rendered anonymous or only retained under their legal record keeping obligations
Examples of the kind of third parties we work with:
IT companies who support our website and other business systems
Operational companies such as delivery couriers
Direct marketing companies who we may use to help us manage our electronic communications with you
Sharing your data with third parties for their own purposes
We do not share any data with third parties for their own purpose unless we are required to by Law. For example, sharing data about fraudulent or potentially fraudulent activity with Law enforcement agencies.
For further information please contact are Data Protection Officer (details below).
Where your personal data may be processed
Sometimes we will ned to share your personal data with third parties and suppliers outside of Jersey in respect of goods you may have ordered or received such as warranties or courier services in order that legal and contractual obligations can be met.
What are your rights over your personal data?
An overview of your different rights
You have the right to request:
Access to the personal data we hold about you, free of charge in most cases
The correction of your personal data when incorrect, out of date or incomplete
That we stop using your personal data for direct marketing (either through specific channels, or all channels)
That we stop any consent based processing of your personal data after you have withdrawn consent
You can contact us to request to exercise these rights at any time at:- The Data Protection Officer, Apnea (Jersey) Limited, 11 New Street, St Helier, Jersey JE2 3RA, Channel Islands, Great Britain or email firstname.lastname@example.org.
To ask for information to be amended - please update your on-line account or contact us at the same email address above.
If we choose not to action your request we will explain to you the reasons for our refusal.
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on your legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation.
We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
You have the right to stop the use of your personal data for direct marketing activity through all channels or selected channels. We must always comply with your request.
Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.
If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
How can you stop the use of your personal data for direct marketing?
There are several ways you can stop direct marketing communications from us:
Click the ‘unsubscribe’ link on any promotional email communication that we send you. We will then stop any further emails being sent.
If you have an account, log into your Apnea account, visit ‘My Account’ area and change your preferences
Write to Apnea (Jersey) Limited, 11 New Street, St Helier, Jersey JE2 3RA, Channel Islands, Great Britain
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are being updated.
Contacting the Regulator
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Jersey Information Commissioners Office.
You can contact them by calling +44 (0)1534 716530
Or by email at email@example.com
If you are based outside of Jersey, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.
If you live outside of Jersey
For all non-Jersey customers
By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. Of course you still have the right to ask us not to process your data in certain ways and if you do, we will respect your wishes.
Sometimes we will need to transfer your personal data between countries to enable us to supply the goods or services you have requested. In the ordinary course of business, we may transfer your personal data from your country of residence to ourselves and to third parties located in other parts of the world.
By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes.
This may occur because our information technology storage facilities and servers are located outside your country of residence, and could include storage of your personal data on servers in another jurisdiction.
We will ensure that reasonable steps are taken to prevent third parties outside your country of residence using your personal data in any way that is not set out in this Privacy Notice. We will also make sure we adequately protect the confidentiality and privacy of your personal data.
We will ensure that any third parties process your data only in accordance with their legitimate interests. These third parties may be subject to different laws from those which apply in your country of residence. Please note that we do not take active steps to ensure that any overseas recipient of your personal data complies with the laws which apply in your country.