Privacy Notice for Customers of Ann Summers

Version 2.2

August 2024

Introduction

We take the safety and security of our customers’ personal information seriously and have prepared this Privacy Notice to explain to you, our customers, how we use that personal information.

We keep this Notice under regular review, and this version was last updated on 1 August 2024.

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.

1. Important information and who we are

Purpose of this notice

This Notice tells you about your privacy rights and how the law protects you and sets out the basis on which we use the personal information you share with us.

To make sure you have a full picture of how we collect and use your personal information, this Notice describes:

  • The types of information we collect about you;
  • who is responsible for that personal information;
  • how we will use it;
  • who we may disclose it to; and
  • your rights and choices in relation to it.

In this Notice we use the words personal information to describe information that is about you and which identifies you.

You have the right to object to our use of your personal information in certain circumstances. A summary of your right to object (along with your other legal rights relating to that personal information) and the details of who to contact if you want to exercise them can be found in the 'Your rights in relation to your personal information' section below.

It is important that you read this Notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This Notice supplements other notices and privacy policies and is not intended to override them.

Our website and products are not intended for people who are under the age of 18, and we do not knowingly collect data relating to children.

Who is responsible for the personal information that we hold?

Ann Summers Limited, which owns the brand ‘Ann Summers’ is a company registered at Gold Group House, Godstone Road, Whyteleafe, CR3 0GG, United Kingdom with company number 01034349.

‘Ann Summers’ is also used as a trading name by Ann Summers Ireland (Retail) Limited, which is a company registered at 38 Upper Mount Street, Dublin 2, Dublin, Ireland in the Republic of Ireland with company number 302789.

If you shop in a store of ours that is located in the Republic of Ireland, both Ann Summers Ltd and Ann Summers Ireland (Retail) Limited dictate the purpose for which your personal information is used and how it is used and both companies are joint controllers of your personal information. In all other cases, Ann Summers Limited dictates the purpose for which your personal information is used and how it is used and is the controller of your personal information.

Contact Information

Both companies have appointed a single Data Privacy Manager who is contactable by email to support@annsummers.com, or by post at Gold Group House, Godstone Road, Whyteleafe, CR3 0GG.

2. The Personal information we collect about you

The personal information that we collect, use and store about you may include the following:

Category Examples Collected from
Identity name, social media handle, title and date of birth, your image You, when you sign up for an account, place an order, or attend one of our stores.
Contact billing address, delivery address, email address and telephone numbers You, when you sign up for an account or place an order.
Financial bank account and payment card details You, when you make payment for a purchase.
Transaction details about payments to and from you and other details of products and services you have purchased from us You, when you purchase products from us.
Technical 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 this website You, when you browse our website.
Profile your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses You, when you place an order, complete a survey or browse our website.
Usage information about how you use our website, products and services You, when you browse our website.
Marketing your preferences in receiving marketing from us and our third parties and your communication preferences You, when you make a purchase, subscribe to our mailing list.
Sensitive Information Information that relates to, or is suggestive of, your sex life or sexual orientation You, based on the products you purchase from us.

A note about Sensitive Information

Due to the nature of business, unusually we have cause to collect and process the Sensitive Information set out above. We will only ever use this Sensitive Information for the purpose of fulfilling your order, and/or in accordance with your explicit consent.

3. How we use your personal information

We use your personal information in various ways, for a variety of different purposes, and we will only ever use if we have a legal reason to do so. Sometimes we might ask for your explicit consent to process your data in a certain way (including when we are required to handle Sensitive Information), but mostly we will rely on other legal reasons, which include the following:

  • it is necessary to enter into or perform the contract we have with you;
  • it is necessary to comply with our own legal obligation that we are subject to;
  • it is in our legitimate interests to process your personal information, and your fundamental rights do not override those interests.

We have set out in the table below the main purposes for which we use your personal information, together with the applicable legal basis that we rely on for doing so. Where we rely on our legitimate interests as a legal basis, we have also set out those interests.

Purpose Type of Data Legal Reason
To register you as a new customer
  • Identity
  • Contact
 To perform the contract we have with you
To process and deliver your order including: (i) to select your products and pack your order; (ii) to provide updates on your delivery status; (iii) to manage payments, refunds and (iv) to collect and recover money owed to us
  • Identity
  • Contact
  • Financial
  • Transaction
  • Marketing
  • Sensitive Information
  • To perform the contract we have with you
  • Legitimate interests (to recover any payments due to us)
  • Where your order might reveal Sensitive Information about you we rely on the explicit consent condition set out in Article 9(2)(a) UK GDPR.
To manage our relationship with you, which will include: (i) notifying you about changes to our terms or privacy policy; (ii) managing any complaints or enquiries; (iii) notifying you about any product recalls
  • Identity
  • Contact
  • Sensitive Information
  • To perform the contract we have with you
  • To comply with our legal obligations
  • Legitimate interests (to keep our records updated)
  • Where your order might reveal Sensitive Information about you we rely on the explicit consent condition set out in Article 9(2)(a) UK GDPR.
To enable you to partake in a prize draw, competition or complete a survey.
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing
  • To perform the contract we have with you
  • Legitimate interests (to study how customers use our products and services, or to develop and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • Identity
  • Contact
  • Technical
  • Legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
  • To comply with our legal obligations
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing
  • Technical
 Legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To ask you to leave a review for a product you have purchased.
  • Identity
  • Profile
    		•  Legitimate interests
    To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.
    • Usage
    • Technical
    		 Legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
    To make suggestions and recommendations to you about goods or services that may be of interest to you.
    • Identity
    • Contact
    • Profile
    • Usage
    • Marketing
    • Technical
    		 Legitimate interests (to develop our products/services and grow our business)
    To allow us to survey the activity inside our stores using CCTV.
    • Identity
    		 Legitimate interests (crime prevention and ensuring the safety of our staff)

    How do we use your personal information for marketing?

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms to help ensure that you only receive the marketing, advertising and offers that may be relevant to you.

    Promotional offers from us

    We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

    You will receive marketing communications from us if you have requested information from us or purchased products from us and you have not opted out of receiving that marketing.

    Third party marketing

    We will get your express consent before we share your personal data with any third party for marketing purposes.

    Opting out

    You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

    Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase.

    Cookies

    You can set your browser to refuse all or some browser cookies, or to alert you when website 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, please see Cookie Policy.

    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 new 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

    4. How we share your personal information

    Transfers to third parties

    We may transfer personal information to third parties as follows:

    • Data processors. These organisations will process your personal information on our behalf for the purposes described above.
    • Professional advisors. These include accountants, lawyers and auditors that assist us in carrying out our business activities.
    • Regulators, authorities, and other third parties. As necessary for the purposes described above, personal information may be transferred to courts and other authorities (e.g. HMRC and law enforcement agencies).
    • Third parties that offer alternative or deferred payment options. These third party providers include Klarna, Clearpay and Paypal and Global-e. If you select one of these payment methods at the checkout, we will pass your contact and order details to that provider so they can assess whether you qualify for their payment methods, and to tailor those payment methods for you. If we do this, your personal information will be controlled by the provider, and subject to their own privacy policy.
      Klarna’s Privacy Policy is available here.
    • Third parties to whom we may transfer or sell our business or its assets.

    For a full list of the categories of third parties that we may share your personal information with, please contact us.

    We require all third parties to whom we disclose your personal information to treat it securely and in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

    Where will we transfer your personal information?

    Our head office is located in the UK. Some of the recipients we may share your personal information, with may be in countries outside of the UK, so their processing of your personal information will involve a transfer outside of the UK.

    Whenever we transfer your personal information out of the UK, we are committed to taking all necessary measures to ensure that transfers of your personal information are adequately protected as required by applicable data protection law. This includes ensuring at least one of the following safeguards is implemented:

    • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information.
    • Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal information the same protection it has in the UK.

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

    5. How long we hold your personal information for

    Our policy is to not keep personal information for longer than is necessary. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

    In some circumstances you can ask us to delete your data: see your legal 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.

    6. How we store your data

    We have put in place appropriate security measures to prevent your personal information 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. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

    We have also put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.