Privacy and Cookies Policy

Laybuy Holdings Limited
Website Privacy and Cookies Policy
Date: Mar 29th 2019

  1. Introduction
    1. This is the Privacy and Cookies Policy for the website hosted at www.laybuy.com ("site")/the Laybuy app "App" (together, the "Platform"). The Platform is operated by or on behalf of Laybuy Holdings (UK) Limited trading as Laybuy ("Laybuy", "we", and "us"). We are committed to protecting and respecting your privacy.
    2. This policy sets out:
      1. Information we collect about you
      2. Cookies and other technologies
      3. How we use your information
      4. Our promotional updates and communications
      5. Who we give your information to
      6. Where we store your information
      7. Payment processing
      8. How we protect your information
      9. How long we keep your information
      10. Your rights
      11. Changes to this policy
      12. Contact us
    3. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
    4. By accepting our services you acknowledge you have read and understood this privacy policy.
    5. For the purposes of European Economic Area data protection law, (the "Data Protection Law"), the data controller is: Laybuy Holdings (UK) Limited.
  2. Information we collect about you
    1. We will collect and process the following personal data from you:
      1. Information you give us
        This is information about you that you give us by filling in forms on our Platform or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our Platform, subscribe to our service, search for a product, place an order on our site/via our App with one of our merchant partners, participate in discussion boards or other social media functions on or via our Platform, enter a competition, promotion or survey, submit a query, and when you report a problem with our Platform. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, login and password details.
      2. Information we collect about you from your use of our Platform: We will automatically collect information from you each time you visit our site/use our App.
        • Technical information
          Technical information may include the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
        • Information about your visit
          Information about your visit may include the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or social media handle used to connect with our customer service team.
      3. Information we receive from other sources.
        This is information we receive about you:
        1. If you use any of the other websites or apps we operate or the other services we provide.
          In this case we will have informed you via this policy when we collected that data if we intend to share your data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data.
        2. From third parties we work closely with.
          We are working closely with third parties (including, for example, merchants (a full list of our merchant providers can be found by visiting the "Shop Here" section of our Site or App), business partners, sub-contractors in technical, payment and delivery services, debt collection agencies, advertising networks, analytics providers, and search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.
  3. Cookies and other technologies
    1. Our Platform uses cookies and/or other similar technologies such as device-IDs, in-App codes, pixel tags and web beacons to collect and store certain information. These typically involve pieces of information or code that a website transfers to or accesses from your computer hard drive or mobile device to store and sometimes track information about you. Cookies and similar technologies enable you to be remembered when using that computer or device to interact with websites and online services and can be used to manage a range of features and content as well as storing searches and presenting personalised content.
    2. Our Platform uses cookies and similar technologies to distinguish you from other users of our Platform. This helps us to provide you with a good experience when you browse our site/use our App and also allows us to improve our Platform.
    3. Most web browsers automatically accept cookies and similar technologies, but if you prefer, you can change your browser to prevent that and your help screen or manual will tell you how to do this. We also give you information about how to disable cookies. However, you may not be able to take full advantage of our website if you do so.
    4. A number of cookies and similar technologies we use last only for the duration of your web or app session and expire when you close your browser or exit the App. Others are used to remember you when you return to the Platform and will last for longer.
    5. We use these cookies and other technologies on the basis that they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights), and, in some cases, where required by law, where you have consented to their use.
    6. We use cookies and/or other similar technologies, such as device-IDs, in-App codes, pixel tags and web beacons, either alone or in combination with each other to create a unique device ID. We use the following types of cookies:
      1. Strictly necessary cookies.
        These are cookies that are required for the operation of our website and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website.
      2. Analytical/performance cookies.
        They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us for our legitimate interests of improving the way our website works, for example, by ensuring that users are finding what they are looking for easily.
      3. Functionality cookies.
        These are used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise our content, greet you by name and remember your preferences (for example, your choice of language or region).
      4. Targeting/Advertising cookies.
        These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information subject to your choices and preferences to make our website/App and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
      5. We may also work with advertising networks that gather information about the content on our Platform you visit and on information on other websites and services you visit. This may result in you seeing advertisements through our Platform or our advertisements when you visit other websites and services of third parties. For more information about how to turn this feature off see below or visit http://www.youronlinechoices.co.uk.
    7. Disabling cookies
      1. The effect of disabling cookies depends on which cookies you disable but, in general, the website may not operate properly if all cookies are switched off. If you only disable third party cookies, you will not be prevented from making purchases on our Platform. If you disable all cookies, you will be unable to complete a purchase on our Platform.
      2. If you want to disable cookies on our site, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Further details on how to disable cookies for the most popular browsers are set out below: -
        1. For Microsoft Internet Explorer:
          1. Choose the menu "tools" then "Internet Options"
          2. Click on the “privacy” tab
          3. Select the setting the appropriate setting
        2. For Google Chrome:
          1. Choose Settings then Advanced
          2. Under "Privacy and security," click "Content settings".
          3. Click "Cookies"
  4. How we use your information
    We use information held about you in the following ways:
    1. Information you give to us:
      We will use this information to:
      1. Take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between you and us including:
        1. conducting credit checks;
        2. administering your account with us;
        3. verifying and carrying out financial transactions in relation to payments you make online/through the Platform;
        4. notifying you about changes to our service.
      2. Provide you with information about goods or services we feel may interest you, if you have given your consent to receiving marketing material from us at the point we collected your information, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. See 'Our promotional updates and communications'.
      3. Ensure in our legitimate interests that:
        1. content from our site is presented in the most effective manner for you and for your computer.
        2. we provide you with the information, products and services that you request from us.
    2. Information we collect about you from your use of our Platform
      We will use this information in our legitimate interests, where we have considered these are not overridden by your rights:
      1. To administer our Platform and services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
      2. To keep our Platform safe and secure.
      3. For measuring or understanding the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
      4. To improve our Platform to ensure that content is presented in the most effective manner for you and for your computer.
      5. To allow you to participate in interactive features of our service, when you choose to do so.
    3. Information we receive from other sources
      We may combine this information with information you give to us and information we collect about you in our legitimate interests (where we have considered that these are not overridden by your rights). We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
  5. Our promotional updates and communications
    1. Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications by email, SMS, in-App alerts, and phone about our services.
    2. You can object to further marketing at any time by checking and updating your contact details within your account, or selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you, or by sending us an email to help@laybuy.com.
  6. Who we give your information to
    1. We may give your information to:
      1. Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who support our processing of personal data under this policy. If any of these parties are using your information for direct marketing purposes, we will only transfer the information to them for that purpose with your prior consent.
      2. Selected third parties, including the credit reference agencies (CRAs) we work with.
      3. Our selected third parties may include:
        1. Organisations who process your personal data on our behalf and in accordance with our instructions and the Data Protection Law. This includes in supporting the services we offer through the Platform in particular those providing website and data hosting services, providing fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services from time to time. These organisations (which may include third party suppliers, agents, sub-contractors and/or other companies in our group) will only use your information to the extent necessary to perform their support functions.
        2. Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience and subject to the cookie section of this policy.
        3. Analytics and search engine providers that assist us in the improvement and optimisation of our site and subject to the cookie section of this policy (this will not identify you as an individual).
        4. Merchants and business partners who provide services to you and with whom we have entered into agreements in relation to the processing of your personal data list of whom can be found here [insert link].
        5. Credit Reference Agencies for the purpose of assessing your credit score whether when setting up an account with us or on an ongoing basis. We do this to assess creditworthiness and product suitability, check your identity, manage your account, trace and recover debts and prevent criminal activity. We continue to exchange information about you, your settled accounts and debts not fully repaid on time with the Credit Reference Agencies while you use our services. The Credit Reference Agencies will share your information with other organisations. Your data will also be linked to the data of your spouse, any joint applicants or other financial associates.
        6. The identities of the Credit Reference Agencies, and the ways in which they use and share personal information, are explained in more detail at:
          1. Call Credit: www.callcredit.co.uk/crain
          2. Equifax: www.equifax.co.uk/crain
          3. Experian: www.experian.co.uk/crain
        7. Payment processing providers who provide secure payment processing services.
        8. Debt collection agencies, should your account fall into arrears, in order to collect the amount you owe us from you.
      4. We will disclose your personal information to third parties:
        1. In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such
  7. Where we store your information
    1. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to equivalent Data Protection Law.
    2. Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.
    3. We may transfer your personal information outside the EEA:
      1. In order to store it.
      2. In order to enable us to provide goods or services to you and fulfil our contract with you. This includes order fulfilment, processing of payment details, and the provision of support services.
      3. Where we are legally required to do so.
      4. In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.
    4. We may transfer your personal information to the following countries and using the following safeguards outside the EEA:
      1. New Zealand - European Commission Adequacy Decision
  8. Payment processing
    1. Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted to us over the internet.
    2. [Payments made on the Platform are made through our payment gateway provider, [name].You will be providing credit or debit card information directly to [name] which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to [name] is not within our control and is subject to [name]'s own privacy policy and terms and conditions.]
  9. How we protect your information
    1. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
    2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
    3. Our site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
  10. How long we keep your information
    We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for six years after that to identify any issues and resolve any legal proceedings. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.
  11. Your rights
    1. You have the right under certain circumstances:
      1. to be provided with a copy of your personal data held by us;
      2. to request the rectification or erasure of your personal data held by us;
      3. to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
      4. to object to the further processing of your personal data, including the right to object to marketing (as mentioned in 'Our promotional updates and communications' section);
      5. to request that your provided personal data be moved to a third party.
    2. Your right to withdraw consent:
      1. Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. You can also change your marketing preferences at any time as described in 'Our promotional updates and communications' section;
    3. You can also exercise the rights listed above at any time by contacting us at help@laybuy.com.
    4. If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html ).
  12. Changes to this policy
    Any changes we make to our privacy policy in future will be posted on this page and, in relation to substantive changes, will be notified to you by e-mail. This policy was last updated on [insert date].

  13. Contact Us
    Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to: [help@laybuy.com] or Laybuy Holdings (UK) Limited, 5 New Street Square, London, EC4A 3TW.