- 21 January 2020
We respect your privacy and are committed to protecting your personal data.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice informs you as to how we collect, process and look after your personal data in the course of interacting with us, whether by visiting this website, buying a product from us, signing up to our newsletter or otherwise and tells you about your privacy rights and how the law protects you.
This website is not intended for children and we do not knowingly collect data relating to children.
(i) Ochre Music Limited, incorporated in England and Wales with registered office at Spectrum House, 32-34 Gordon House Road, London, NW5 1LP; and
(ii) Proper (“Store Owner”) (referred to as "we", "us" or "our" in this privacy notice.
In respect of your personal data, we act either as single or joint data controllers. More detail about our different roles and the particular purposes for which we use your personal data are contained in this policy at paragraph 5.
Ochre is responsible for this website and is responsible for providing you with the products you order from the Store Owner. Before you can create an account on this site, you will need to sign up to Ochre’s terms and conditions. The Store Owner is responsible for the products on the website, together with all promotional content on the website in connection with the products.
This version was last updated on 2019-05-30 and historic versions can be obtained by contacting us.
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 which you can do through your account.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
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).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
|Contact Data||includes first name, last name and email address, telephone number, billing address, delivery address|
|Order Recipient Data||includes first name, last name and email address, telephone number, delivery address for any person for whom you wish to buy one of our products (which we have only if you choose to provide to us)|
|Profile Data||includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses|
|Financial Data||includes bank account and payment card details, billing address|
|Transaction Data||includes details about payments to and from you and other details of products you have purchased 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|
|Usage Data||includes information about your use of our website, products including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); elements you viewed or words you searched for; page response times; download errors; length of visits; interaction information (such as scrolling, clicks, and mouse-overs)|
|Marketing Data||Includes your preferences in receiving marketing from us|
|Communications Data||includes emails and notes of conversations|
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or 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.
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 deliver the product you have ordered but we will notify you if this is the case.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Contact, Profile, Order Recipient, Marketing and Communications Data by submitting information through the website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- create an account on our website;
- choose to buy our digital or physical products; Request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Paypal which may have servers based outside the EU.
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation. Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Order fulfilment service providers (acting as data processors on our behalf) as follows:
- Warehouse service providers such as Ochre based in the UK
- Warehouse and technology support service providers such as Whiplash operating worldwide
- Postal service provider such as Royal Mail and DPD operating worldwide
- Payment processing service providers such as Braintree and Paypal based in Europe and the USA
- Customer service providers such as Zendesk which may have servers based in the USA
- Email management service providers such as Mailchimp based in the USA
- Third party social media plugins such as Facebook and Twitter to connect you with your social network and which can be disabled by adjusting your privacy settings on the relevant social media site.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
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:
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified who is the data controller or controllers in respect of each particularly data processing activity. We have also identified what our legitimate interests are where appropriate.
Note that 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 us 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.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Contact
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to record your personalised account)
|To send you our newsletter or other marketing materials To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Contact
|(a) Consent where you have specifically opted in
(b) Necessary for our legitimate interests (to grow our business and send you offers about our latest products where you have chosen not to opt out of receiving these)
|To process and arrange for delivery of your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) provide you with customer support services
(b) Order Recipient
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to receive payment)
(c) Necessary for our legitimate interests (to deliver orders to recipients at your request)
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products)
|To enable you to partake in a prize draw, competition or complete a survey||(a) Contact
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products, to develop them 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)||(a) Contact
|(a) Necessary for our 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)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Contact
|Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy|
|To use data analytics to improve our website, products, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
Promotional offers from the Store Owner
The Store Owner may use your Contact, Technical, Usage and Profile Data to form a view on what they think you may want or need, or what may be of interest to you. This is how the Store Owner decides which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from the Store Owner if you have requested information from them or purchased products from them and, in each case, where you have not opted out of receiving that marketing.
The Store Owner strives to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
You can ask the Store Owner to stop sending you marketing messages at any time by logging into the website and adjusting your account settings or by following the opt-out links on any marketing message or newsletter sent to you.
Where you opt out of receiving these marketing messages or newsletters, this will not apply to personal data provided to us as a result of a product purchase, product experience or other transactions.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
6. International transfers
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data security
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 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 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. Data retention
How long will you use my personal data for?
We will only retain 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.
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 in which case we may use this information indefinitely without further notice to you.
9. Your Legal Rights
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns about data protection before you approach the ICO so please contact us in the first instance. You also have the right in certain circumstances to:
|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.|
|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.|
|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.|
|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.|
|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.|
|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.|
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).
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.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product 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 you (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 us
Performance of Contract means processing your data where it is necessary where you buy or seek to buy something from us.