Pinch Privacy Notice

1. IMPORTANT NOTICE

This is the Privacy Notice of Pinch which is a trading name of Bakkavor Foods Ltd, whose registered office is at Fitzroy Place 5th Floor, 8 Mortimer Street, London, W1T 3JJ.

For simplicity, where this Privacy Notice refers to “we”, “us” or our”, it is referring to Bakkavor Foods Ltd. This Privacy Notice sets out how we collect and process your personal data. This Privacy Notice also provides certain information that is legally required and lists your rights in relation to your personal data.

This Privacy Notice relates to personal information that identifies “you” meaning customers or potential customers, suppliers, individuals who browse our website or visit any one of our premises or any other individuals outside our organisation with whom we interact. This Privacy Notice is not intended for children and we do not knowingly collect personal data relating to children.

This Privacy Notice may vary from time to time so please check it regularly.

2. HOW TO CONTACT US

This Privacy Notice applies where we are a controller in respect of your personal data – this is where we decide how and why your personal data is processed.

If you need to contact us in connection with our use or processing of your personal data, to correct your personal data held by us or change any preferences or gain access to it then our contact details are:

Email:  info@pinchindian.com

Address: Fitzroy Place, 5th Floor, 8 Mortimer Street, London, W1T 3JJ

3. CATEGORIES OF PERSONAL DATA WE COLLECT

The categories of personal data about you that we may collect, use, store, share and transfer are:

  • Individual Data. This includes personal data which relates to your identity, such as your first name, middle name, last name, username or similar identifier and your contact details such as your email address and telephone numbers;
  • Preference Data. This includes personal data which relates to your preferences;
  • Information Technology Data. This includes personal data which relates to your use of our website, such as your traffic data, and other communication data, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access our website;
  • Economic and Financial Data. This includes personal data which relates to your finances, such as your bank account and payment card details where we need these to be able to credit your account for either a refund or as part of a product promotion. We will never take money out of your bank account;
  • Sales Data. This includes personal data which relates to the transactions you have conducted with us;
  • Audio and Visual Data. This includes personal data which is gathered using our CCTV or other recording systems in the form of images, video footage and sound recordings that is taken at any of our locations or otherwise by us for promotional purposes;
  • Health Data. This includes personal data which is gathered for health and safety purposes including any accident report or claim log or any information you provide about allergies or other medical conditions during the booking process or in one of our locations;

We may also create Personal Data about you, for example, if you contact us by telephone to make a complaint then we may make a written record of key details of the conversation so that we can take steps to address the complaint.

We also obtain and use certain aggregated data such as statistical or demographic data for the purpose of aggregate analytics (“Aggregated Data”). Aggregated Data may be derived from your personal data but does not directly or indirectly reveal your identity. For example, we may aggregate your Information Technology Data to calculate the percentage of users accessing a specific feature on our website. However, if we re-combine or re-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 Notice.

In addition, we may obtain data concerning health, which is considered a special category of personal data, and this Privacy Notice specifically sets out how we may process this type of personal data.

4. THE SOURCES FROM WHICH WE OBTAIN YOUR PERSONAL DATA

We obtain your personal data from the following sources:

• Directly from you, either in person (at our locations or otherwise), via our website or by telephone or other devices. This could include personal data which you provide when you:
a. contact us by email or telephone;
b. request information on our products or services or for other marketing to be sent to you;
c. enter into a competition or promotion; or
d. complete a survey from us or give us feedback.

• Via automated technologies, such as CCTV or other recording systems, cookies, server logs and other similar technologies. We may automatically collect Information Technology Data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. We may also receive Information Technology Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

• From someone else, such as:
a. search information providers (such as Google);
b. providers of technical, payment and delivery services;
c. providers of social media platforms (such as Facebook, X and Instagram); and
d. website providers (such as Logic Design)

• From publicly available sources, such as:
a. Companies House;
b. the electoral roll; and
c. credit reference agencies.

5. HOW WE USE YOUR PERSONAL DATA

We collect personal data about you in order to:

a. perform our contractual obligations to you. This would include;

  • processing and performing our obligations towards you;
  • orders placed by us where you are a supplier;
  • making or receiving payments, fees and charges; and
  • collecting and recovering money owed.

b. Manage our relationship with you including:

  • to send you important notices such as communications about changes to our terms and conditions and policies (including this Privacy Notice);
  • to provide you with important real-time information about products you have ordered from us;
  • to send you information you have requested; and
  • to deal with your enquiries;

c. administer our business and carry out business activities;
d. make suggestions and recommendations to you about goods that may be of interest to you and to measure or understand the effectiveness of our communications;
e. communicate with you about, and administer your participation in, special events, programs, promotions, any prize draws or competitions;
f. for internal purposes to use data analytics, to identify usage trends, determine and measure the effectiveness of promotional campaigns and advertising and to improve our website, products, marketing, customer relationships and experiences;
g. protect our business including to deal with any misuse of our website and to comply with our security policies at our locations;
h. use your personal data to comply with our own legal and industry obligations e.g. to comply with health and safety requirements, or to assist in a police investigation;
i. enforce or apply our terms of use, terms and conditions of supply and other agreements with third parties;
j. to detect and prevent fraud and other illegal activities (and to assist regulators, trade bodies and law enforcement agencies in relation to the same);
k. finance, restructure, sell, make ready for sale or dispose of our business in whole or in part including to any potential buyer or their advisers;
l. use our knowledge of any personal data you disclose to us in the event of illness or injury or some other related emergency or to record any accident or injury or other incident you may suffer when visiting any of our locations; and
m. investigate and defend any third-party claims or allegations.

6. OUR LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA

Data protection laws allow companies to collect your personal data for several different reasons. We will only collect your personal data if we have a lawful basis for doing so. The lawful bases that we may rely on are:

Consent – For certain purposes it may be appropriate for us to obtain your prior consent, for example if you have agreed that we can send you details of our promotions or products and services or our newsletters. The legal basis of consent is only used by us in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way.

You can at any time change your mind and tell us that you no longer want to hear from us or that you want to change the way you receive information from us by updating your preferences.

You can do this by sending an email to info@pinchindian.com and including:

a. Your First Name and Last Name

b. The Email Address which you registered when you joined the mailing list

c. The change you would like to make to your communication preferences.

Other legal bases we may rely on

Where we are relying on a basis other than your consent, the lawful basis for processing personal data will be one of the following:

a. Legal obligations – If the processing is necessary in order for us to comply with our legal obligations (such as compliance with health and safety laws);

b. Contractual obligations – If we have a contract with you we may need to collect and process your personal details so that we can fulfil our obligations;

c. Legitimate interest – We might use your personal data to meet a reasonable business interest, as long as the processing is both necessary to achieve this interest and the interest is not outweighed by your own interests, rights and freedoms. In particular, our legitimate interests include:

  • the provision of goods and services;
  • the recovery of debt;
  • the provision of administration and / or IT services;
  • the security of our IT network;
  • the prevention of fraud;
  • marketing of goods and services and promotion of our business;
  • the reorganisation or sale or refinancing of the business or a group restructure;
  • the study in how to develop and the update of our products;
  • the development of our business strategy; and
  • protecting our business and property;

d. Vital interests – If the processing is necessary in order to protect the vital interests of an individual e.g. where there is a medical emergency at one of our premises.

Extra conditions for special category personal data

Where we are processing your special category personal data one of the following conditions will also apply:
a.  you have given your explicit consent to the processing;
b.  the processing relates to personal data which are manifestly made public by you;
c. the processing is necessary for the establishment, exercise or defence of legal claims;
d.  the processing is necessary for archiving purposes in the public interest; scientific or historical research purposes or statistical purposes;
e. the processing is necessary to protect an individual’s vital interests where the individual cannot give consent; or
f. the processing is necessary for reasons of substantial public interest.

7. WHO RECEIVES YOUR PERSONAL DATA

We may disclose your personal data to:

  • Our group companies and affiliates or third-party data processers who may process data on our behalf to enable us to carry out our usual business practices. Any such disclosure will only be so that we can process your personal data for the purposes set out in this Privacy Notice;
  • IT companies who support our systems and website;
  • Delivery couriers, prize fulfilment companies and postal firms;
  • HMRC, legal and other regulators or authorities, including those who request your personal data or to report any potential or actual breach of applicable law or regulation;
  • external professional advisers such as accountants, bankers, insurers, auditors and lawyers;
  • law enforcement agencies, courts or other relevant parties, to the extent necessary for the establishment, exercise or defence of legal rights;
  • Social media sites to show you products that might be of interest to you (such as Facebook, X, and Instagram).

8. PERSONAL DATA ABOUT OTHER PEOPLE WHICH YOU PROVIDE TO US

If you provide personal data to us about someone else you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Notice.

You must ensure the individual concerned is aware of the various matters detailed in this Privacy Notice, as those matters relate to that individual, including our identity, how to contact us, the way in which we collect and use personal data and our personal data disclosure practices, that individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided.

9. ACCURACY OF YOUR PERSONAL INFORMATION

It is important that the personal data we hold about you is accurate and current, and we take all reasonable precautions to ensure that this is the case, but we do not undertake to check or verify the accuracy of personal data provided by you. Please keep us informed if your personal data changes during your relationship with us either by logging onto your account on the website or by contacting us. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

10. INTERNATIONAL TRANSFERS OF PERSONAL DATA

It is possible that personal data we collect from you may be transferred, stored and/or processed outside the United Kingdom. In connection with such transfers, we will ensure that:

a. there are appropriate safeguards in place such as standard data protection clauses between us and the recipient (as per Article 46 UK GDPR); or

b. the transfer is to a country that the Secretary of State has decided provides an adequate level of protection for personal data (as per Article 45 UK GDPR); or

c. one of the derogations for specific situations in the first sub-paragraph of Article 49 (1) UK GDPR applies to the transfer including explicit consent or necessary for the performance of a contract or exercise or defence of legal claims.

11. AUTOMATED DECISION-MAKING PROCESSES

We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

12. HOW LONG WE WILL STORE YOUR PERSONAL DATA FOR

We will store your personal data for no longer than is necessary in accordance with the following criteria:
a. the on-going business operation / relationship that we have with you;
b. the completion of the purpose for which the personal data was processed;
c. our legal obligations in relation to that personal data and other legal requirements;
d. the type and size of the data held and whether any if it is deemed to be special category personal data; or
e. our accounting requirements in relation to that personal data.

We keep the length of time that we hold your personal data for under review. These reviews take place annually.

13. HOW WE KEEP YOUR PERSONAL DATA SAFE

We will always treat your personal data with absolute respect and care. We will make sure that our websites and apps are secure by using appropriate technical and organisational measures across all brands including up-to-date encryption, communication via SSL, restricted access to the data that we hold and conducting regular software updates.

We take the security of your personal data seriously and have technical and organisational measures to ensure a level of security appropriate to the risk.

All our employees have been briefed on data protection laws and are contractually obliged to protect your personal data. We have made sure that all our suppliers and business partners have a legal obligation to be as diligent as we are about protecting your personal data.

14. CONTRACTUAL OR STATUTORY REQUIREMENTS ON YOU TO PROVIDE PERSONAL DATA

In certain circumstances the provision of personal data by you is a requirement to comply with the law or a contract, or necessary to enter into a contract.

It is your choice as to whether you provide us with your personal data necessary to enter into a contract or as part of a contractual requirement. If you do not provide your personal data, then the consequences of failing to provide your personal data means we may not be able to perform to the level you expect under our contract with you. An example of this would be where we are unable to provide you with certain products or services as we do not have your full details, or where we cannot perform our contract with you at all because we rely on the personal data you provide in order to do so.

15. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

Subject to applicable law including relevant data protection laws, in addition to your ability to withdraw any consent you have given to our processing your personal data (see paragraph 6), you have a number of rights in connection with the processing of your personal data, including:

  • the right to request access to your personal data that we process or control;
  • the right to request rectification of any inaccuracies in your personal data or, taking into account the purposes of our processing, to request that incomplete data is completed;
  • the right to request, on legitimate grounds as specified in law:
    a. erasure of your personal data that we process or control; or
    b. restriction of processing of your personal data that we process or control;
  • the right to object, on legitimate grounds as specified in law, to the processing of your personal data;
  • the right to receive your personal data in a structured, commonly used and machine-readable format and to have your personal data transferred to another controller, to the extent applicable in law; and
  • the right to lodge complaints regarding the processing of your personal data with the Information Commissioner’s Office or other relevant supervisory body. Please see https://ico.org.uk/concerns/ for how to do this.

If you would like to exercise any of the rights set out above, please contact us at:

Email: info@pinchindian.com

Address: Fitzroy Place, 5th Floor, 8 Mortimer Street, London, W1T 3JJ

16. TECHNICAL AND SECURITY MEASURES

We take the security of your personal data seriously and have technical and organisational measures to ensure a level of security appropriate to the risk.

We use a mixture of measures including utilising technology to combat cybersecurity, data management techniques, user access and management procedures, physical security and guidelines for personnel.

Our measures are aimed at having the ability to:

  • ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; and
  • restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.

17. LINKS TO OTHER WEBSITES

This policy only applies to us. If you link to another website from our website, you should remember to read and understand that website’s privacy policy as well. We do not control unconnected third-party websites and are not responsible for any use of your personal data that is made by unconnected third-party websites.

18. CONCERNS ABOUT THE USE OF YOUR PERSONAL DATA

If you are unhappy with the way that we have responded to your requests or you have any other concerns about the use of your personal data, you can contact the Information Commissioner’s Office on telephone number 0303 123 1113 or you can access further information and advice on the ICO website at www.ico.org.uk