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Privacy Policy
About Us
We are committed to ensuring your privacy is protected. This Privacy Policy sets out details of the information that we may collect from you and how we may use that information. Please take your time to read this Privacy Policy carefully. When using our website, this Privacy Policy should be read alongside the website terms and conditions.
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This Privacy Policy describes how Heavenly Desserts Franchise Ltd, and franchised stores, trading under license as Heavenly Desserts ("we" or "us" or "our") collect and process data about individuals.
For the purpose of the General Data Protection Regulation (2016/679) and the Data Protection Act 2018 (the “Legislation”), the data controller is Heavenly Desserts Franchise Ltd, a company registered with number 10434042. The registered address is 23 Brunel Parkway, Pride Park, Derby, England, DE24 8HR.
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If you have any questions about this policy, including any requests to exercise your legal rights, please contact our Data Privacy Manager at support@heavenlydesserts.co.uk
What Information we collect and when
We only collect information that we know we will genuinely use and in accordance with the data protection regulations. Throughout this document we refer to Data Protection Legislation means the Data Protection Act 2018 (DPA2018), United Kingdom General Data Protection Regulation (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation implemented in connection with the aforementioned legislation. Where data is processed by a controller or processor established in the European Union or comprises the data of people in the European Union, it also includes the EU General Data Protection Regulation (EU GDPR). This includes any replacement legislation coming into effect from time to time. We may collect:
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Information you give us. This is information about you that you give us by filling in forms on our website www.heavenlydesserts.co.uk (our “Site”) or by corresponding with us by phone, e-mail, in our restaurants or otherwise. It includes information you provide when you register to use our Site, subscribe to our newsletter, register to use our Order & Pay Platform, book a table at one of our restaurants, enter a competition, promotion or survey, purchase a gift card or voucher, apply for a job with us, register for Wi-Fi in our restaurants and when you report a problem with our website. The information you give us may include your name, address, e-mail address postcode, phone number and birthday.
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Information we collect about you on our Site:
With regard to each of your visits to our Site we may automatically collect the following information:
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information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, date and time zone setting, browser plug-in types and versions, operating system and platform;
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information collected in accordance with our Cookie Policy.
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Information we collect when you make a booking:
We use approved third parties to operate our reservations platform. They will send you an automated email message to confirm your booking details and may send further service emails if there is a change to your booking.
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Information we collect when you use wifi in our restaurants:
We use a company called Purple wifi to provide wifi in our restaurants. If you sign up to use the wifi in our restaurants, the Wireless Social terms and conditions will apply, which are available here.
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Information we collect when you use our Order at Table Platform (our “O@T Platform”):
When using our O@T Platform, you may provide us with the following information:
a) your name and contact details (email address and mobile telephone number), if you use the Platform to order at table at one of our restaurants;
b) your physical location, where you have agreed to it being used for the restaurant locator feature on the Platform or where you allow the Platform to access your location settings.
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Payment processing services are provided by stripe.com (“Stripe”). The Platform will transfer payment detail directly from stripe to our point-of-sale system. We will not store your card details on our system. Your personal and card detail will be securely stored by Stripe and used only to administer payment, verification of transactions, refunds and ease of use in future transactions using the service. See https://stripe.com/gb/legal/dpa
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Information we receive from other sources:
This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combined your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers and search information providers).
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Photography and Video Recordings:
As part of local, national and international brand marketing activities, from time to time we may be filming or taking photographs of happy guests enjoying their visits to our restaurants, when filming or taking photos for a particular campaign, the site will display a prominent poster to confirm that filming and photos will be taken in the restaurant. We will ensure that consent is obtained expressly in every case.
Purposes for which we will use your data
We will only process your personal data in line with that which is permitted by the Legislation. We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data. Typically we will process your data on one of the following bases:
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Consent given (e.g. for obtaining feedback, photos and video recordings for marketing purpose)
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Performance of a contract or an agreement with you (e.g. entry in a competition)
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Necessary for our legitimate interests (e.g use of CCTV on sites)
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Necessary to comply with a legal obligation (e.g. if requested by authority for investigation)
How we use your information
We use information held about you in the following ways:
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Information you give to us. We will use this information:
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to provide you with the information, products and services that you request from us;
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to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
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to provide you with information about goods or services we feel may interest you, where you have consented to us contacting you for the purposes of marketing or other promotional purposes. If you are an existing customer, we will only contact you or share information with you by electronic means (e-mail, social media or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data;
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to validate discounts and verify your identify;
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to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you and others;
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to notify you about changes to our service;
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to ensure that content from our site is presented in the most effective manner for you and for your computer.
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Photography and Video Recordings. We will use this information:
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for use on social media and in our marketing. We will ensure that consent is obtained expressly.
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Information we collect about you. We will use this information:
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to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
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to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
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to allow you to participate in interactive features of our service, when you choose to do so;
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as part of our efforts to keep our site safe and secure;
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to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you and others;
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to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
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Information we receive from other sources.
We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Who we may share your data with
Any member of the Heavenly Desserts franchised network. (Franchised stores trading under license as Heavenly Desserts)
Selected third parties including:
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business partners, suppliers and sub-contractors for the performance of any contract we enter into with them. Our site may, from time to time, contain links to and from the Sites of our advertisers and affiliates. If you follow a link to any of these Sites, please note that these Sites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these Sites. Our customer database of contacts is hosted by a company called Wix, whose privacy policy is available here
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advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We may make use of the personal data we have collected from you to enable us to display relevant advertisements. Search engine providers assist us in the improvement and optimisation of our site through the use of analytics. You can contact data@heavenlydesserts.co.uk at any time to opt out of this type of lookalike advertising;
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We will disclose your personal information to third parties:
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In the event that we sell or buy any business or assets, in which case we may be required to disclose your personal data to the prospective seller or buyer of such business or assets
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If Heavenly Desserts Franchise Ltd, or a franchised store trading under license as Heavenly Desserts are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
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If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies, organisations and law enforcement agencies for the purposes of fraud protection, prevention or detection and credit risk reduction.
Keeping your data secure
We take security measures to protect your information including:
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Limiting access to our buildings to those that we believe are entitled to be there.
Implementing access controls to our information technology; -
We use appropriate procedures and technical security measures (including strict encryption, anonymisation and archiving techniques) to safeguard your information across all our computer systems, networks, websites, mobile apps, offices and stores;
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All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Sending information outside of the UK
Where any transfer outside of the UK occurs, we’ll ensure that any such transfer or processing is subject to appropriate legal and technical safeguards.
How long we will store your data
We retain a record of your personal information in order to provide you with a high-quality and consistent service. We will always retain your personal information in accordance with the General Data Protection Regulation (GDPR) and never retain your information for longer than is necessary. For more information, you may contact us at data@heavenlydesserts.co.uk
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We will only retain your Information for as long as is necessary for the purpose or purposes for which we have collected it. The criteria that we use to determine retention periods will be determined by the nature of the data and the purposes for which it is kept.
Your Rights
Under the Legislation you have the right to make certain requests in relation to the personal information that we hold about you. We will not usually make a charge for dealing with these requests. If you wish to exercise these rights at any time please contact us using the details set out in the "Contact " section.
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You have the right to be informed about the collection and use of your personal data.
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The right of access: You have the right to access the personal information that we hold about you in many circumstances. This is sometimes called a ‘Subject Access Request’. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your Information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reasons for doing so.
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The right to rectification: If any of the personal information we hold about you is inaccurate or out of date, you may ask us to correct it.
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The right to object: You have the right to ask us not to process your personal data for marketing purposes, in particular where we have used consent as the lawful basis for processing. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by emailing data@heavenlydesserts.co.uk
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The right to erasure: 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, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with the law. Note, however, that we may not always be able to comply with your erasure request for specific legal reasons. Right to erasure does not apply in the following scenarios (i) when the lawful basis for processing the data is 'legal obligation'; (ii) For the establishment, exercise or defence of legal claims'.
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The right to restrict processing: This enables you to ask us to suspend the processing of your personal data in the following scenarios: (i) if our use of the data is unlawful but you do not want us to erase it, (ii) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it, or (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
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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 may only apply to automated information which you initially provided consent for Heavenly Desserts to use or where Heavenly Desserts used the information to perform a contract with you.
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Withdraw consent at any time where Heavenly Desserts is relying on consent to process your personal data for direct marketing purposes: However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. All marketing communications will contain information about how to opt-out and electronic communications will have a direct link to unsubscribe. 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. Where possible we will endeavour to respond to notifications of withdrawn consent for use of image or film prior to publishing the image or film. It may not be possible to do so after publication.
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You have a right to complain to the Information Commissioner's Office if you believe that any use of your personal information by us is in breach of applicable data protection laws and/ or regulations. More information can be found on the Information Commissioner’s Office website: ico.org.uk
Children
Our websites are not designed to target children under the age of 16. In compliance with the Children’s Online Privacy Protection Act, we require all children under age thirteen (13) to obtain parental consent to join any of our lists. By accepting this privacy policy you are confirming that you are over 13 years old. All terms of our privacy policy apply to children under 13.
What happens if our business changes hands
We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the purposes for which it was originally collected by us.
Changes to this policy
We will make changes to this privacy policy from time to time. Any updates to the privacy policy in the future will be posted on this page. Please check back to see any updates or changes to our privacy policy.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the Data Privacy Manager at support@heavenlydesserts.co.uk or by post to Heavenly Desserts, 23 Brunel Parkway, Pride Park, Derby, England, De24 8HR
The Information Commissioner's Office (ICO) regulates data protection and privacy matters in the UK. They make a lot of information accessible to consumers on their website and they can help you address any concerns. You can access them here.
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