Privacy policy


PRIVACY POLICY

ferm LIVING ApS (referred to below as “ferm LIVING”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.


1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and process your personal data.

This privacy policy applies to our customers, prospective customers, individuals who visit our website (www.fermliving.co.uk ) and stores, and individuals who interact with us on social media or who we otherwise deal with.

Our website is not intended for children (under the age of 13) and we do not knowingly collect data relating to children.

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.


Controller

ferm LIVING ApS is the controller and responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.


Contact details

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

  • Full name of legal entity: ferm LIVING ApS.
  • Address: Kuglegaardsvej 1-5, 1434 Copenhagen K, Denmark.
  • Email address: info@fermliving.com.

Changes to the privacy policy and your duty to inform us of changes We keep our privacy policy under regular review. We will notify you of any changes by posting the new privacy policy on this page. You are advised to review this privacy policy periodically for any changes.
This version was last updated 18-11-2022.

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.


Links to other websites

Our website may contain links to other websites, embedded 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 are not responsible for the content of these third party websites nor their practices relating to the processing of personal data. When you visit other sites, you are encouraged to read the website owner's policy regarding privacy and other relevant policies.


2. What personal data do 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 set out below.

  • Identity data includes first name, last name, username or similar identifier, title and gender.
  • Contact data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction data includes details about payments to and from you and other details of goods and services you have purchased from 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 our website.
  • Profile data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage data includes information about how you use our website.
  • Marketing and communications data includes your preferences in receiving marketing from us and your communication preferences.

We 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 this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data (described above) 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.

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.


If you fail to provide personal data

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 you have with us, but we will notify you if this is the case at the time./p>


3. How is your personal data collected?

We collect personal data from and about you using different methods including those set out below.


Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email, social media or otherwise. This includes personal data you provide when you:

  • purchase our goods and services;
  • visit our stores;
  • create an account on our website;
  • subscribe to our newsletter;
  • give us feedback or contact us;
  • participate in activities on our website including competitions; or
  • sign up for “Save this information for next time” at check out.


Automated technologies or interactions. As you interact with our website, we will automatically collect technical data (as described in section 2 above) about your equipment, browsing actions and patterns. We collect this information using cookies and other similar technologies. Please see section 7 and our cookie policy for further details.


Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

  • analytics providers;
  • advertising networks;
  • search information providers; and
  • providers of technical, payment and delivery services.


4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the circumstances set out below.

  • Where we have your consent.
  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • 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.
  • Where we need to comply with a legal obligation.


Purposes for which we will use your personal data

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

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

Marketing

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

We may use your personal data in order to send you marketing communications about our goods and services that we think you might be interested in (we call this marketing).


Opting out

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing email sent to you or by contacting us at any time using the contact details set out above.


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 get an explanation as to how the processing for the a purpose is compatible with the original purpose, please contact us.

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.


5. Who is my personal data shared with?


Disclosure to data processors

We may share your personal data with the third party processors set out below for the purposes set out in the table above.

  • Providers of payment services.
  • Providers of warehousing and packaging services.
  • Providers of delivery services so that your purchased goods can be delivered.
  • Marketing service providers such as those who we engage to send newsletters on our behalf.
  • Customer survey providers in order to receive feedback and improve our services.
  • Analytics and search engine providers who assist us in the improvement and optimisation of our website.
  • Service providers who provide IT and system administration services.

These third parties only process personal data on ferm LIVING's behalf and in accordance with ferm LIVING's instructions.


Disclosure to other data controllers
 Some partners receiving your personal data can be data controllers, which means that they are responsible for the personal data that they process for their own purposes. That processing of your personal data is subject to their privacy policy, that you can find by contacting them. We may share your personal data with third party controllers as set out below.

  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • 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.
  • HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
  • If we are under a duty to disclose or share your personal data 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, our regulator, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and prevention of money laundering and credit risk reduction.
  • When you choose to purchase products using Klarna’s payment solution, you will be sharing your personal data with Klarna and the terms of Klarna’s privacy policy, which can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/privacy/ shall apply to their use of your personal data. If you choose to pay with Klarna, in some circumstances, we will need to share your personal information with Klarna and receive information about you from Klarna.

In some circumstances, we process your personal data jointly with social media networks such as Facebook and Pinterest where we work with those social media networks to serve you targeted advertisements. This means that we jointly determine how and why your personal data is processed. We have entered into joint controller agreements with those third-party social media networks where appropriate. For further information about how Facebook processes your personal data, including the lawful basis that they rely on to process your personal data and the ways to exercise your rights against them, please see their privacy policy.

For further information about how Pinterest processes your personal data, including the lawful basis that they rely on to process your personal data and the ways to exercise your rights against them, please see their privacy policy.

 


6. Transfers of personal data outside the UK / European Economic Area

We may transfer your personal data outside the UK and/or the European Economic Area (“EEA”) in the course of our relationship with you. We will not transfer your personal data outside the UK or the EEA unless we have put adequate safeguards in place to ensure your personal data remains protected in compliance with data protection laws. This includes:

  • ensuring that we transfer your personal data to a country that has been deemed to provide an adequate level of protection for your personal data;
  • where we have put approved model clauses in place; and
  • transferring when we are able to rely on an exemption set out in the applicable data protection laws.

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


7. Cookies

Our website uses cookies and other similar technologies (described below together as “cookies”) for the purposes set out in the table above. You will be asked to consent to certain types of cookies when you first visit our website. 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. For more information about the cookies we use and how to change your preferences, please see our Cookie Policy.


8. Security

We have implemented safeguards to ensure that our internal procedures meet our high security standards. 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.

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


9. How long is data kept for?

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 of our relationship with you.

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.

In some circumstances you can ask us to delete your data: see ‘Your rights’ below for further information.

In some circumstances we will 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.


10. Your rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to your personal data (commonly known as a "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.

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. You can also amend your personal details within your ferm Living account.

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.

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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.

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.

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.

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

If you wish to exercise any of the rights set out above, please contact us using the contact details in section 1 above.


No fee usually required

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


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.


Time limit to respond

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.

 


11. Right of complaint

If you wish to complain about the processing of your personal data, you can contact us using the contact details set out in section 1 above.

You also have the right to make a complaint to a supervisory authority.

Our supervisory authority in the United Kingdom (UK) is the Information Commissioner’s Office (ICO) (www.ico.org.uk).

Our supervisory authority in the European Union (EU) is the Danish Data Protection Agency, Borgergade 28, 5., 1300 Copenhagen K, Denmark.

 

Last Modified: 18 November 2022