- 1. Definitions and Interpretation
1.1 The following words and expressions have the following meanings unless inconsistent with the context:
our compliance director who can be contacted by post at 25 Grosvenor Street, Mayfair, London, W1K 4QN or by email at Shop@odabash.com;
a small amount of data sent from the server, which is then stored on your computer’s hard disc drive;
Data Protection Act as amended from time to time;
“process” or “processing”
“sensitive personal data”
as defined in the DPA;
“Sage Pay Limited”
Sage Pay Europe Limited, a company registered in England and Wales with company number 7492608 whose registered office is at North Park, Newcastle upon Tyne, NE13 9AA;
“we”, “us” or “our”
Avalon Fashion Limited, a company registered in England and Wales with company number 4794322 whose registered office is at 25 Grosvenor Street, Mayfair, London, W1K 4QN and who may be contacted on Shop@odabash.com; and
an individual, company, or firm accessing our Site.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time, and any subordinate legislation made from time to time under the relevant statute or statutory provision.
1.3 References to “persons” include natural persons, firms, partnerships, companies, corporations, associations and organisations, (in each case whether or not having separate legal personality).
1.4 Use of any gender includes the other genders.
1.5 Words in the singular include the plural and words in the plural include the singular.
1.6 Any reference to "writing" or any cognate expression includes communications by post and email but not facsimile or text messages.
1.7 The headings to Conditions do not affect the interpretation of these Conditions.
1.8 Any phrase introduced by the term "include", "including", "in particular" or any similar expression will be construed as illustrative and will not limit the sense of the words preceding that term.
- 2. Introduction
2.2 Our primary reason for collecting your personal data is to address enquiries and process orders which you may make on our Site from time to time and provide you with the most efficient service possible. We do anticipate collecting or processing sensitive personal data about you.
2.4 Our Site may contain links to other websites. Please note that we are not responsible for the privacy practices of such other websites and advise you to read the privacy statements of each website you visit which collects personal information.
- 3. Our Policy for Processing your Personal Data
3.1 What personal data do we process and where do we get it from?
3.1.1 When you contact us via the "Contact Us" link on our Site or email us we will collect personal data from you.
3.1.2 Personal information may also be obtained automatically by your internet browser.
3.1.3 If you place an order with us and when you subsequently submit payment for that order we will collect personal data from you.
3.1.4 The types of personal data which we may collect from you could include, for example, your name, email address, postal address, telephone number and other information collected through the "Contact Us" link on our Site.
- 4. What do we do with your Personal Data?
4.1 We will process your personal data so that:
4.1.1 we can process your orders subject to the terms and conditions of our Site;
4.1.2 we can fulfil our obligations to you under any contract subject to the terms and conditions of our Site;
4.1.3 we can deal with the general queries you raise from time to time through the "Contact Us" link on our Site, by post or by email.
4.2 Other purposes for which we may process your personal data are:
4.2.1 the general administration of your records by us;
4.2.2 the general maintenance of our database and records by us;
4.2.3 for security purposes to protect your personal data held and/or processed by us;
4.2.4 to maintain records of payments made by you;
4.2.5 for our general marketing purposes unless you have notified us to the contrary.
- 5. Who else gets to see your Personal Data?
5.1 Our data processors.
5.2 Third party agents, including but not limited to, Sage Pay Limited, who manage and/or process any payments received from you in relation to orders placed on our Site, or any other business partner, supplier or subcontractor for the performance of any contract we may enter into with you.
5.3 Such couriers or fulfilment service providers used by us from time to time for the purposes of delivering goods to you, where applicable.
5.4 Other third parties such as analytical or search engine providers in order to better optimize or improve our Site.
- 6. Your Rights
6.1 You have the right to object to your personal data being used for 'direct marketing' and/or 'host mailing' purposes (see Condition 4.2.5 above). You can change your options in relation to the information you wish to receive at any time by contacting our Compliance Officer in writing by post or email.
6.3 You have the right under the DPA to request from us information as to what personal data we are processing about you. Such requests should be made in writing by post to the Compliance Officer and should be accompanied by a £10.00 fee. We will provide you with the relevant information within 40 days of receipt of the request and the fee in cleared funds.
6.4 You have the right to request corrections be made to the personal data held by us about you by contacting our Compliance Officer in writing by post or email.
6.5 You have other rights under the DPA in relation to our processing of your personal data.
- 7. Maintenance of your personal data
7.1 We are committed to the security of your personal data. All of our employees and sub-contractors with access to your personal data and/or who are associated with the processing of that data are contractually obliged to respect the confidentiality of your personal data.
7.2 We have implemented technology measures and security policies to protect the personal data that we have in our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss.
- 9. Contact information
9.1 If you have any queries about our processing or use of your personal data you should write, in the first instance to our Compliance Officer.
9.2 If you want to learn more about your rights regarding your personal data, you should contact the Information Commissioner's office information line on: (0044) 01625 545745 or visit their website at www.ico.gov.uk.
- 10. Governing Law and Jurisdiction
10.1 This legal notice and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England and Wales.
10.2 The parties irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter.