TOTM LIMITED

WEBSITE PRIVACY NOTICE

INTRODUCTION

Welcome to TOTM LTD’s privacy notice.

TOTM respects your privacy and is committed to protecting your personal data. This privacy notice will tell you:

how we look after your personal data when you visit our website totm.com (regardless of where in the world you visit it from); and
how we look after your personal data generally (so looking at your personal data and how it is used in ways that do not involve our website); and
about your privacy rights and how the law protects you.

To make this privacy notice as easy to understand as possible, you can either click on the link below to take you to particular information that you are interested in, or you can keep reading through the whole document. If you are not sure what we mean by particular words or phrases, you can use the “Glossary” below which will help you understand the meaning of some of the terms used in this privacy notice.

IMPORTANT INFORMATION AND WHO WE ARE
THE DATA WE COLLECT ABOUT YOU
HOW IS YOUR PERSONAL DATA COLLECTED
HOW WE USE YOUR PERSONAL DATA
WHO WE SHARE YOUR PERSONAL DATA WITH
INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA
HOW WE KEEP YOUR PERSONAL DATA SAFE
HOW LONG WE KEEP YOUR PERSONAL DATA FOR
YOUR LEGAL RIGHTS
GLOSSARY

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy notice

This privacy notice aims to give you information on how TOTM Limited collects and processes your personal data through your use of our website www.TOTM.com and your use of our services generally, including any data you may provide when you:

Purchase our products;
sign up for our subscription service;
sign up to our newsletter;
provide us with information about yourself;
provide us with feedback.

It is important that you read this privacy notice together with any other privacy notice we may give you on specific occasions when we are collecting or processing personal data about you. Reading our privacy notices will help you understand how and why we are using your data.

Controller

TOTM Limited is the controller and is responsible for your personal data. In this privacy notice, wherever the words “we“, “us” or “our” are used they refer to TOTM Limited.

We take our duties to look after your personal data seriously. To help us look after your personal data, we have appointed a member of our staff as a Data Privacy Manager to oversee your questions relating to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights (see below), please contact our Data Privacy Manager using the contact details set out below:

Contact details

Our full details are:

Full name: TOTM LTD

Name of Data Privacy Manager:

Email: [email protected]

Postal Address: Unit A1-A2, Cook Court, Pacific Business Park, Cardiff, CF24 5AB

Telephone number: 029 2009 8822

We want to let you know that if you are unhappy about something relating to your personal data, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO). The ICO is a government body that supervises data protection issues in the UK. You can find out more information about the ICO by visiting its website (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact our Data Privacy Manager, and tell us why you are unhappy before contacting the ICO.

Your duty to inform us of changes to your personal data

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. An example of when your personal data may change may be when you move house, or when you change your contact details such as your email address.

Third-party links

When you use our website www.TOTM.com, it may include links to other websites that we do not own or control (third party websites). Clicking on those links may allow those third-party websites to collect or share data about you. When you leave our website, we encourage you to read the privacy notice of every website you visit. This will help you understand how those third-parties use your personal.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

“Special categories” of particularly sensitive personal information require higher levels of protection. We may collect, store or use this type of personal information to tailor marketing communications to you, where we have your explicit consent to do so.

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

Identity Data includes first name, last name, title, and any username used by you on our website.
Contact Data includes home address, email address and telephone numbers.
Financial Data includes bank account, payment card details other related billing information
Technical Data includes your internet address (IP address), your login data and details of the computers and mobile phones you use to access our website.
Profile Data includes your username and password used on our website, your interests, your feedback and survey responses, it may also include Special Category Data.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us
Usage Data includes information about how you use our website and our services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and how you prefer to receive that information.
Special Category Data includes your date of birth and any menstrual health information that you have provided.

If you fail to provide personal data

Where we need to collect personal data 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 provide you with our products or services. Should this situation happen, we will tell you.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you. To help make it easier for you to understand what data we collect and how we collect it, we have set out some examples in the table below:

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to provide you with our products and services (ie we have a contract).
Where it is necessary for our legitimate interests and your personal rights do not override those interests.
Where you have consented to us using your personal data in the way that we have told you that we will.

We will only use your Special Category Data when the law allows us to. Most commonly, we will use your Special Category personal data in the following circumstances:

In limited circumstances, with your explicit written consent, to tailor our marketing messages to you.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting our Data Privacy Manager or clicking “unsubscribe” on any marketing emails or texts that you may receive from us.

We have set out below, in a table format, a description of all the ways we plan to use your personal data and the legal reasons why we use your personal data in this way.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact our Data Privacy Manager if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We want to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity Data, Contact Data, Technical Data, Profile Data and Usage 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 services may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have:

requested information from us; or
have signed up to receive our services; or
if you provided us with your details when you entered a competition, quiz or registered for a promotion; or
you have provided your consent to receive marketing communications from us via e-mail or text

and in each case, you have not opted out of receiving that marketing.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting our Data Privacy Manager at any time] or by unsubscribing from any marketing emails or texts that you may receive.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of any service or products that we may have provided to you.

Cookies

We use cookies on our website. If you want further information please see our 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. Please contact our Data Privacy Manager if you want further information about this.

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 this privacy notice, where this is required or permitted by law.

5. WHO WE SHARE YOUR PERSONAL DATA WITH

We may have to share your personal data with certain External Third Parties as set out in the Glossary.

We require all third parties to respect the security of your personal data and to treat it 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.

We may from time to time provide you with information about or promotional products and services from trusted organisations who you might be interested in, but we will never pass on your personal data to them.

If you came to TOTM’s site via an affiliate, your Personal Data is processed by Awin in connection to the provision of the affiliate marketing services. Awin’s Privacy Policy can be found here.

6. INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA

We do not transfer your personal data outside the European Economic Area (EEA).

7. HOW WE KEEP YOUR PERSONAL DATA SAFE

We have put in place appropriate security measures to prevent your personal data 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 of our employees 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 put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. HOW LONG WE KEEP YOUR PERSONAL DATA FOR

How long will you use my personal data for?

We will only keep your personal data 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 data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting our Data Privacy Manager.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes or for reporting information to our funders in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to the processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact our Data Privacy Manager whose contact details are set out above.

No fee usually required

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

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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY

Lawful Basis
	Legitimate Interest:	means the interest of TOTM Limited in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting our Data Privacy Manager.
	Performance of Contract:	means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
	Comply with a legal or regulatory obligation:	means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that TOTM is subject to.
Third parties
	External third parties:	ü Service providers acting as processors based in the UK who provide IT and system administration services, delivery and print services; ü [Marketing and market research agencies]; and ü Other organisations that we may transfer our business to or merge with from time to time.
Your legal rights	You have the right to:
	(1)	Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
	(2)	Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
	(3)	Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, 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.

	(4)	Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
	(5)	Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
	(6)	Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
	(7)	Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

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