PRIVACY POLICY

Elephant Gin GmbH (“we”; “us”; “our”) respects your privacy and is committed to protecting your personal information at all times in everything we do.

In accordance with the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”), this policy sets out the basis on which any personal data 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 practises regarding your personal data and how we will treat it. It also sets out your legal rights in relation to the information we hold about you.

This privacy notice applies to our use of any personal information which we may collect from you through your use of this website, including any information you may provide when you purchase any product or service from us, sign up to our newsletters or take part in any competition or promotion sponsored by us. In addition, this privacy notice applies to our use of any information about you which we may collect from you via face-to-face communication, post, phone, email, social media or any other means of communication (including any form of electronic communication). This privacy notice also applies to any information about you which we may collect from any third party in the course of running our business.

The information we collect about you

We may collect, use, store and transfer a number of different kinds of personal information about you which we have grouped together as follows:

  • Identity Data includes [name, title, date of birth and gender].
  • Contact Data includes [billing address, delivery address, email address and phone numbers].
  • Financial Data includes [bank account and payment card details].
  • Transaction Data includes [details about payments to and from you and other details of products and services you have purchased / ordered 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 this website].
  • Profile Data includes [details of your username and password as a registered user of our website; purchases or orders made by you in relation to any products or services; subscriptions by you to any newsletters or to any products or services we provide; details of any interests, preferences, survey responses, feedback or complaints which you have communicated to us; and details which you have provided in relation to taking part in any competition or promotion sponsored by us].
  • Usage Data includes [information about how you use our website, products and services].
  • Marketing and Communications Data includes [name, email address, your preferences in receiving marketing materials, promotions and/or newsletters from us and your communication preferences].

We may also be required to process additional information about you from time to time in the course of operating our business where this is necessary for the purposes of administering our business correctly and/or promoting our products and services effectively.

Where we need to collect personal information 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 products or services). In this case, we may have to cancel a product or service you have ordered from us but we will notify you if this is the case at the time.

How your information is collected

We will mainly collect personal information about you through direct interactions with you. You may give us your personal information by filling in forms or by corresponding with us through our website or by post, phone, email, social media or any other means of communication (including any form of electronic communication). This includes personal information you provide when you: (i) order / purchase our products or services; (ii) subscribe to receive our products, services, publications or newsletters; (iii) request marketing materials to be sent to you; (iv) enter a competition, promotion or survey; or (v) provide us with any feedback or other communications.

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies, server logs and other similar technologies.

We may also collect information about you from other entities in our group, from our business partners and from various other third party service providers, including but not limited to professional advisers, analytics providers, advertising networks, search information providers, fraud prevention and credit reference agencies and providers of technical, payment and delivery services.

It is important that the personal information we hold about you is accurate and up to date. Please let us know if your personal information changes at any time during your relationship with us.

Sharing Personal Information With Third Partie

We do not share, sell or trade your personal information with any third parties, except with your consent. We do not contribute to or participate in cooperative databases, which give other companies access to such personal information.

We may disclose your personal information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorised use of the website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of this website or the public.

We may also disclose your personal information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide product fulfillment and shipping services; and (h) provide other services designed to assist us in developing and running our website and maximising our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us; however, we have no control over the manner in which these third parties operate or handle the information.

In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred.

Our website may allow users to post comments and other content to our website. Any personal information that you post to our website will become public information and will be accessible by other users of the website. In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such personal information that you may choose to post to our website.

Third Party Providers we currently use: 

  • Shopify and Shopify Payments. We currently use Shopify, a third party shop hosting service and payment provider, for shop hosting services and payment processing. When you place an order with us, you will be providing your credit card or bank account information to Shopify in order to pay for your order. We do not have access to, receive or store your credit card or bank account information, and we do not want you to send us your credit card or bank account information. Please review the terms of use and privacy policy of Shopify located at https://www.shopify.com/legal/privacy, and as we have no control over the manner in which Shopify handles personal information. 
  • Internal session cookie. This is a secure unique ID assigned to each user used on our website and online shop hosted on third party Shopify – refer to their privacy policy and cookies policy
  • Paypal. We use PayPal to process payments in our online store. – refer to their privacy policy. 
  • Klarna. We use Klarna Payments to offer Pay Now and Pay Later options in our online store – refer to their privacy policy. 
  • Mailchimp. We use Mailchimp for our newsletter marketing – refer to their privacy policy.
  • Facebook Custom Audiences. We may participate in Facebook.com’s Custom Audience program which enables us to display personalised ads to persons on our email lists when they visit facebook.com – refer to their privacy policy.
  • Billomat. We use Billomat for our digital accounting purposes – refer to their privacy policy.
  • Okendo. We use Okendo, a customer insights product, to capture feedback relating to our products – refer to their privacy policy.   
  • PDF Order Printer Pro. We use PDF Order Printer Pro to print or create PDF invoices and packing slips from your Shopify orders – refer to their compliance policy. 
  • Personal Discount. We use Personal Discount to create discount codes for our subscribers – refer to their privacy policy. 
  • Google Analytics. We use this for general website statistics and improvement of our services. Refer to their privacy policy here.
  • Hotjar Analytics. We use this for general website statistics and improvement of our services. Refer to their privacy policy and cookies policy.

More about Cookies

We may obtain information about your use of our website by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our website and to deliver a better and more personalised service. Some of the cookies we use are essential for the website to operate.

By using our website, you are consenting to our use of cookies. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access our website.

For more information about cookies read Cookies Guidance.

Please note that advertisers may also use cookies, over which we have no control. You can turn off advertising cookies only, by blocking specific companies. You will still receive advertising on the internet, but the adverts you see may not be tailored to your likely interests or preferences. You can set your preferences by adjusting your ad choices here.

Changes to our Cookies policy

Any changes we may make to our privacy and cookies policy in the future will be posted on this website and the revised policy will take effect once posted. Your continued use of this website after the posting will signify your agreement to the new terms.

How we use your information

We will only use your personal information where we have a lawful basis for doing so. Most commonly, we will use your personal information in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for the purposes of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those legitimate interests.
  • Where we need to comply with any legal obligation or regulatory requirement.

We may also use consent as a lawful basis for providing you with marketing communications in certain circumstances.

Please note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you require details about the specific lawful ground we are relying on to process your personal information.

Marketing

We may use your personal information 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, promotions and/or offers may be relevant for you for the purposes of marketing.

You will receive marketing materials from us if you have requested this information from us. You may also receive marketing materials from us if you have purchased products or services from us, or engaged in negotiations with us in connection with our products or services, or if you have provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving marketing materials. In these circumstances, we will provide you with marketing materials on the lawful basis that it is necessary for the purposes of our legitimate interests in developing and promoting our products and services and growing our business.

If you have provided us with your details and none of the above circumstances apply, you will only receive marketing materials, email newsletters or email promotions from us in circumstances where you have provided an opt-in consent which confirms that you want to receive such marketing from us. In these circumstances, you have the right to withdraw your consent at any time to the use of your personal information for marketing purposes.

Opting out of marketing

You have the right to object at any time to the processing of your personal information for direct marketing purposes. If you object to such processing, we will cease to process your personal information for direct marketing purposes.

You can ask us to stop sending you marketing materials at any time by: (i) following the opt-out links on any marketing communication, email message or email newsletter sent to you; or (ii) contacting us by email at shop@elephant-gin.com

How long we retain your information

We will retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Disclosures of your information

We may need to share your information with various third parties which provide services to us or act on our behalf in connection with the operation of our business. In particular, your information may be disclosed to the following categories of third parties:

  • [Professional advisers (including legal advisers and financial advisers), auditors, insurers, bankers, and financial organisations.
  • Other third party service providers which provide services to us in connection with the operation of our business, including but not limited to: IT and system administration services and other technical services; website development services; data storage services; digital marketing and email deployment services; tour booking services; customer fulfilment services; logistics, distribution and delivery services; data analytics services; fraud prevention and credit reference services; and payment processing and receipt processing services.
  • Trade associates and business partners.
  • Third parties with whom we may enter into negotiations in respect of a commercial agreement, e.g. joint business venture.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
  • HM Revenue & Customs or any other public authority or regulatory authority in circumstances where we are required to disclose personal information by law.]

We require all third party service providers to respect the security of your personal information and to treat it in accordance with the law. We do not permit our third party service providers to use your information for their own purposes and only permit them to process your information for specified purposes and in accordance with our instructions.

Your legal rights in relation your information

Under the GDPR, you have a number of legal rights in relation to the personal information which we hold about you. We respect your legal rights in relation to your information and aim to uphold your rights in everything we do. Your legal rights under the GDPR include the following:

  • Subject access right – You can ask us to provide you with a copy of the personal information which we hold about you and a description of how we use your information.
  • Right to rectification – If you believe any information we hold about you may be inaccurate or incomplete, you can require us to rectify these inaccuracies.
  • Right to erasure / Right to be forgotten – You can require us to erase your information in certain circumstances. However, please note 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.
  • Right to data portability – Where we process your information using automated means of processing on the basis of your consent or for the purposes of performing a contract with you, you can request that we supply such information to another party in a machine-readable format.
  • Right to restriction of processing – You can require us to restrict or suspend our processing of your information in certain limited circumstances.
  • Right to object to processing – Where we process your information on the lawful basis that such processing is necessary for the purposes of our legitimate interests, you have the right to object to us processing your information in certain circumstances.
  • Right to object to processing for direct marketing purposes – You have the right to object at any time to the processing of your information for direct marketing purposes. If you object to us processing your information for direct marketing purposes, we will no longer process your information for such purposes.
  • Right to withdraw consent – If we process your information on the basis of your consent, you have the right to withdraw your consent at any time to the processing of your information. However, please note that this will not affect the lawfulness of any processing of your information carried out before you withdraw your consent.

How to contact us

Please get in touch if you have any questions about how we use your information or you wish to contact us about your legal rights or if you have any complaints or feedback about our use of your information. Please contact us at any time by sending an email to us at shop@elephant-gin.com.

If you wish to submit a complaint or express any concerns about our use of your information, please contact us in the first instance. We will do our best to resolve your complaint or address your concerns to your satisfaction. However, if you feel that we have not resolved your complaint or addressed your concerns, please note that you have right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues.

Please note that we may update this privacy notice at any time. Any changes to this privacy notice will be posted on our website, and where appropriate, notified to you by email.