Privacy Notice

Last updated: [January 2024]

 

This is an important notice regarding your privacy and the way in which Conilon Ltd t/a Black Sheep Coffee) (referred to as “we”, “our” or “us” in this policy) collects and makes use of your personal information. We want to be open and transparent with you, and therefore encourage you to contact us if you have any questions about this Notice or the ways in which we use your personal information.

 

Activities covered by this Notice

 

This Notice applies (unless a different notice is displayed) to personal information collected by us in relation to:

 

• visitors to our website leavetheherdbehind.com and https://blacksheepcoffee.vmos.io/ and any subdomains) (the "Website") and the Black Sheep Coffee app (the "App") including any purchases made via these;
• members of our loyalty program;
• when you register to receive communications from us or contact us (this includes via our website, email or phone and social media);
• when you visit one of our stores (i.e. via CCTV or identify yourself in store);
• access and/or use of our in store Wi-Fi;
• our business contacts and suppliers,

 

(collectively, the "Services").

 

We take our privacy responsibilities seriously and are committed to protecting and respecting your privacy. This Notice sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.

 

For the purpose of applicable privacy legislation, the data controller is Conilon Ltd t/a Black Sheep Coffee of 81 Southwark Street, London, United Kingdom, SE1 0HX. Our company registration number is 08663274. Questions regarding this Notice should be directed to our Data Protection Compliance Manager. The Data Protection Compliance Manager is responsible for ensuring compliance with relevant data protection legislation and with this Notice.

 

Depending on the stores you interact with, the franchisee owner of that store may also be a controller of this information. For a list of our franchisees, please see here

 

Our Data Protection Compliance Manager can be contacted at accounts@leavetheherdbehind.com. Any questions about the operation of this Notice or any concerns that the Notice has not been followed should be referred in the first instance to the Data Protection Compliance Manager.

 

 

1. What information do we hold about you?

We may collect (either directly or indirectly), store and use personal information about you (referred to throughout this Notice as personal information). The personal information we process will depend on how you interact with us and our Services. We collect personal information about you from the following sources:

 

• Information you provide directly: For example where you sign up for an account, or purchase a product from us.
• Information that we collect indirectly: We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Cookies and similar tracking technology" (section 5. below).

 

• Information from third parties: We also collect your personal information from third party sources, i.e. our service providers that provide our ecommerce platform or email, marketing and analytics services. Information received from third parties will be checked to ensure that the third party either has your consent to process your personal information or are otherwise legally permitted or required to disclose your personal information to us. [ [Photos and/or videos of you which may be taken at one of our events, in connection with one of our promotions or any other way.]

 

2. How will we use your personal information and what is the legal ground we rely on for doing so?

We will only use your personal information when the law allows us to. When we use your personal information, we must have a legal ground for doing so. The following are (amongst others) the legal grounds by which we can use your personal information:

• Consent: Where you have provided us with your consent for us to do so. In certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily chose to give or deny your consent;

 

• Contract: Where we need to perform the contract we have entered into with you (i.e. to provide products and services) or to take steps to enter into a contract with you;

 

• Legal obligation: Where we need to comply with a legal obligation to which we are subject;

 

• Legitimate interests: Where it is in pursuit of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

   

The table below describes the categories of personal information we collect from and about you through our Services. We will combine this information with other information contained in our systems. 

 

Purpose/Activity	Type of personal information	Lawful basis for processing including basis of legitimate interest
Register your account on our Website and/or App, to manage and administer your account, to facilitate purchases you make (including, where applicable, providing special discounts) and to manage returns (where applicable).	· Identity details · Contact details · Financial information · Location data	· Performance of a contract with you. · Consent (in the case of processing of Location Data).
Register for our loyalty program, managing and administer our loyalty programme.	· Identity details · Contact details · Transaction information · Loyalty information · Location data	· Performance of a contract with you. · Consent (in the case of processing of Location Data).
Provide and deliver products and services, including delivery of products, electronic receipts and returns information.	· Identity details · Contact details · Financial information · Transaction information · Health and allergy related information	· Performance of a contract with you. · Consent (as required under the law)
Reviewing communications with you for customer support and quality assurance and training purposes, and related recordkeeping.	· Identity details · Contact details · Transaction information · Account data · Device data · Website / App usage information · Communication information	· Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.
Keep our business, including our Website / App, our retail stores and our employees, customers, vendors, and visitors secure and address threats to your safety or the safety of others; to detect and prevent fraud (online and in store). For example, online we use malware and spyware monitoring tools to detect suspicious activity and algorithms to detect unauthorised access. In our stores, we use CCTV monitoring.	· Identity details · Contact details · Transaction information · Account data · Device Data · Website / App usage information · Images/footage and/or CCTV · Communication information	· Necessary for our and our third parties' legitimate interests (to operate and provide our business, including our Website / App; to detect or prevent illegal activities (e.g. fraud) and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers, vendors, and visitors). · Compliance with legal obligations under health and safety laws
To administer and maintain our  Website / App and our IT systems (including monitoring, troubleshooting, data analysis, testing, system maintenance, repair and support, reporting and hosting of data).	· Identity details · Contact details · Account data · Device Data · Website / App usage information	· Our and our third parties' legitimate interests (to operate, provide and improve our business, including our Website / App; to detect or prevent Illegal activities (e.g. fraud) and/or to manage the security of our IT infrastructure).
Manage our use of tracking technologies such as cookies (including enabling you to manage your cookie preferences) and analyse collected data to learn about our Website / App, to improve our Website / App, and to develop new products and services. This includes website analytics, identifying browsing / purchasing trends and patterns and evaluating this information on an aggregated, group(s) basis and individual basis.	· Account data · Device Data · Website / App usage information · Location data · Communication information	· Consent (where required under applicable law – see cookie consent tool on our website). · Otherwise (for cookies that are essential to operate a website) our legitimate interests to operate, provide and improve our business, including our Website / App, to improve our Website / App or use the insights to improve or develop marketing activities and promote our products and services.
Analyse data including metrics related to consumer transactions and behaviour (online and offline), to assess trends and the effectiveness of our advertising and marketing campaigns, to help us understand your needs and provide you with better service and offers, to drive customer engagement, promote our brand, and inform other business decisions by understanding consumer behaviour.	· Transaction information · Account data · Device Data · Website / App usage information · Communication information	· Consent (where required under applicable law).   · Otherwise our legitimate interests (to operate, provide and improve our business, including our Website / App, to improve our Website / App or use the insights to improve or develop marketing activities and promote our products and services).
Contact current and prospective customers (including Website / App visitors) about our products and services, promotions, competitions and events we think may be of interest.	· Transaction information · Account data · Website / App usage information · Communication information	· Consent (where required under applicable law). · Otherwise our legitimate interests (to operate, provide and improve our business; to communicate with you and to develop marketing activities and promote our products and services).
Personalise and customise your experience, including to provide local or otherwise targeted content and information for customers, and to tailor the content and advertising served on our Website / App. For example to show you restaurants which are in your area.	· Account data · Website / App usage information · Communication information	· Consent (where required under applicable law). · Otherwise our legitimate interests (to operate, provide and improve our business, including our Website / App, to use the insights to improve or develop marketing activities and promote our products and services).
Personalise, target, and deliver advertising for our products and services on third party websites, apps, and other online services (including to identify audiences and individuals like you to better tailor our marketing campaigns and communications), and measure the effectiveness of our campaigns and adjust our methods.	· Account data · Device Data Website / App usage information · Communication information	· Consent (where required under applicable law). · Otherwise our legitimate interests (to improve our business, to promote our products and services and to use the insights to improve or develop our marketing activities).
To administer an event, promotion, competition, sweepstake, survey that you have entered into / enquired about	· Identity details · Contact details · Account data · Communication information	· Our legitimate interests (to drive customer engagement and to collect user perceptions and measure satisfaction). · To perform the competition contract with you or to take steps to enter into a contract with you.
For our promotional materials	· Images/footage and/or CCTV	· As necessary for our legitimate interests (to promote our business)
Manage compliance with our terms of service.	· Identity details · Contact details · Account data · Communication information · Transaction information	· Performance of a contract with you. · Otherwise, as necessary for our legitimate interests (to operate, provide and improve our business, including our Website / App; to detect or prevent illegal activities (e.g. fraud) and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers, vendors, and visitors. · Legal obligations [refer to specific obligations].
To use our in-store Wi-Fi and monitor your usage	· Contact details	· Legitimate interests (in ensuring our network is being used for acceptable purposes).
Respond to / contact you to provide information on our products and Services as a customer, business contact or potential franchisees, send you service updates, invoices, technical notices, supports messages, respond to your enquiries, requests or complaints.	· Contact details · Communications information	· Legitimate interests in keeping you informed about our products, services and business updates.  · Performance of a contract with you
Maintenance of our business contact and supplier records.	· Contact details · Communication information	· Legitimate interests (to facilitate business between you and us).
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law.	· Identity details · Contact details · Transaction information · Account data · Website / App usage information · Location Data · Communication information	· Legal obligation.
Protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests.	· Identity details · Contact details · Transaction information · Account data · Website / App usage information · Location Data	· Our legitimate interests to protect our business interests.

For the purposes of the table above, we have set out the personal information that we collect from and about you for/via the Services. We may combine this information with other information contained in our systems:

 

• Identity details: such as your name, title, gender, DOB and for business contacts/suppliers, business telephone number and business e-mail address.
• Contact details: such as email address, telephone number and home address, and if you reach out to us via social media, your social media handle.
• Financial information: required to collect payment where you elect to store this information in your account.
• Transaction information: such as previous purchases made (online or in-store); (e.g., time and date of your purchase, place where purchase was made, the amount paid and information about the items purchased), truncated credit or debit card details, payment method, your billing address, your delivery address or the delivery address of the intended recipient of your order, payments and orders to and from you, and other details of products that you have supplied to or purchased through the Website / App. We do not collect or store your full credit or debit card details (which are processed by payment service providers who are separate controllers of your data.  Please refer to your payment service provider's privacy notice for further details on their data collection practices).

• Loyalty information: regarding receipt of SMS text messages or emails sent to you; your participation in, or use of, the loyalty program.
• Account data: such as your login or profile information
• Website / App usage information: such as interactions with our Website/App including pages accessed or links clicked and how our Services are performing when you access them like service-related diagnostic and performance-related information) as well as information regarding the interactions made with the Website/App interface and features such as logging info, the Website/App tabs, banners, or pages that are clicked on or accessed, ads and/or promotions viewed through the Website/App and receipt of notifications sent through the App.
• Device data: such as your IP address, device type, mobile device identifier and/or account identifier (Android UDID, iOS UUID; Advertising ID: IDFA for iOS devices and AAID for Android devices, or their equivalent), geo-location (if enabled), and its operating system version.
• Communications information: such as your feedback or other communications with us, any email, chat or call history, how you communicate with us and any reviews).
• Images/footage and/or CCTV: CCTV images from our stores or offices; and photos or footage where you are engaged in or are in the background of a photoshoot for promotional purposes.
• Location Data: location information based on your device if you provide permission.

  

3. What happens if there is a change of purpose?

We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

4. Which type of third parties might we share your personal information with?

We require third parties to respect the security of your personal information and to treat it in accordance with the law. For example, where we instruct third party service providers, we carry out due diligence on those providers to ensure they treat your personal information as seriously as we do. We may share your personal information with the following types of third parties:

• franchisees: Organisations within the Black Sheep Coffee franchise network. For a list of franchisees please see here;

 

• third party service providers and partners: who provide data processing services to us as necessary to provide you with our services, or who otherwise process personal information for the purposes described in this Notice. This includes:

• Technical support providers, for example, assisting with our website or our app (including Zendesk).
• Our loyalty program provider, Como.
• Providers assisting with our ecommerce platforms, Vita Mojo and Shopify.
• Our in store wi-fi provider, Fydelia.
• Providers assisting us with the management of our promotional offers.
• Providers assisting us with the management of our events.
• Providers which help us collate and organise information effectively and securely.
• Providers which help us generate and collate surveys and reviews of our products and services including Trustpilot.
• Providers which assist us with marketing by, for example, helping us send marketing mailshots.
• Providers which help us with logistics and delivery solutions.
• Third party software hosting companies which provide us with software solutions.
• Providers which host our servers in their data centres.

 

• any competent law enforcement body, regulatory, government agency, court or other third party (such as our professional advisers such as lawyers, accountants, and insurance companies) where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;

• a buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Notice; or
• any other person with your consent to the disclosure (obtained separately from any contract between us).

 

5. Cookies

We use cookies and similar technologies (collectively "Cookies") when you visit our Website and/or App (including for interest based advertising). For further information about the types of Cookies we use, why, and how you can control Cookies.

 

5. 5. Data Retention

How long will we use your personal information for? We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for.

Generally the period we keep your personal information for depends on the circumstances in which we collected it and processed it. For example:

• Business contacts and Suppliers: where we have collected your personal information during the course of your and our organisations doing business, we will keep your personal information for as long as this business continues, or for as long as we have a commercial interest in holding your personal information, for example, with a view to doing business in the future.

• Customers: Where you purchase from us, we will retain your personal information to fulfil the purchase and for a period after this in case you have a complaint or issue and for legal and tax reasons.

• Promotions: We will keep your personal information after you have provided us with your details for one of our promotions or events until such time as you withdraw your consent.

• CCTV: Any data collected through our CCTV system is stored for a maximum of 31 days only.

• [If you have consented to receiving marketing information, we will keep your personal information for as long as we still have your consent;

• If you have provided us with your personal information for the purpose of making a complaint, we will keep this information for 6 years.

• Information collected in connection with your purchase (which will not be able to identify you) will be kept indefinitely.]

  .

6. International data transfer

In some cases, where your personal information is transferred to or third parties, it is processed in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective).

Where we store your personal information

Electronic versions of your personal information are stored on our servers in the UK. Where we use third party service providers to assist us, your personal information may also be stored in accordance with their practices and procedures. We require third parties to respect your personal information and to treat it in accordance with the law. Where your data is transferred outside of the EEA, we will take steps to ensure your personal information is adequately protected.

Third parties we engage in other countries

Our group companies and third party service providers and partners operate [specify any other countries].  This  means that when we collect your personal information we will process it in any of these countries.

Where we transfer your personal information to countries and territories outside of the European Economic Area and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.  

Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Notice and applicable laws. The safeguards we use to transfer personal information are in case of [both our group companies and] third party service providers and partners, the  

Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.

 

7. Your rights in connection with your personal information

Under certain circumstances, by law you have the right to:

• Request access to your personal information (known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request the erasure of your personal information. This enables you to ask us to delete or remove personal information when there is no good reason for us continuing to process it.
• Object to the processing of your personal information. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

• Opt out of marketing communications we send you at any time. Where we are providing you with marketing information, you can also change your marketing preferences. You can exercise this right by using the unsubscribe button at the bottom of our marketing e-mails sent to you. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations.
• In the limited circumstances where you may have provided your consent to the collection, processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Compliance Manager in writing using the contact details set out at the beginning of this Notice. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• make a complaint if you wish to do so. The organisation with oversight of our processing is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by e-mail (casework@ico.org.uk).

If you want to exercise any of your data protection rights please contact our Data Protection Compliance Manager in writing using the contact details set out at the beginning of this Notice. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

 

8. No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

 

9. 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 any personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to another person who has no right to receive it.

 

11. What happens if you fail to provide personal information?

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing you with our products or services), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of visitors to our premises).

 

13. Changes to this privacy policy

We may change, modify, add or remove portions of this Notice at any time, and any changes will become effective immediately. Any changes we make to our privacy Notice will be posted on this page and, where appropriate (in line with the significance of the changes), notified to you.

You can see when this Notice was last updated by checking the "last updated" date displayed at the top of this Notice.