Privacy Policy

1. Important information and who we are

Controller

At Dermaky we take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data through your use of our website. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.


When we collect and process your personal data, we are subject to the UK General Data Protection Regulation (UK GDPR). We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to any services we provide to individuals in the European Economic Area (EEA).


Privacy policy

This privacy policy gives you information about how Deramky collects and uses your personal data through your use of this website, including any data you may provide when you register with us, sign up to our marketing communications, purchase a product or service, or take part in a competition. Meaning of personal data


Personal data means any information relating to an identified or identifiable individual (known as the data subject). Personal data includes information irrespective of how it is stored. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data. Common examples of personal data include an individual’s name, address, contact information, photograph, IP address and information about the individual such as their age or employment status.

Special category personal data means personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, genetic and biometric data (when processed to uniquely identify an individual), or data concerning health, sex life or sexual orientation.


2. The types of personal data we collect about you

Personal data means any information about an individual from which that person can be identified.

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, date of birth and gender.

• Contact Data includes billing address, delivery address, email address and telephone number.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

• Profile Data includes your account password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

• Usage Data includes information about how you interact with and use our website, products and services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

The above list is not exhaustive, and Dermaky may also collect and process other personal data to the extent that this is considered necessary for providing our services or compliance with legal requirements.


If you do not provide personal data we ask for where it is requested (for example, at point of sale), it may delay or prevent us from providing services to you.


We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals’ Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.


Special categories of personal data we collect about you

The processing of special categories of personal data (or ‘sensitive personal data’) is limited to data made public by you or a third party on your behalf, or where you have given us consent to use such information. For example, we may need to understand certain health-related conditions when asking you to fill out an online form or handling a query or complaint made by you. We will always check such requirements with you and you only need to provide the information you are comfortable with us using.

3. How is your personal data collected?


We might collect or receive personal data from you in a number of ways, including via our website and forms. Sometimes you give this to us directly (e.g. when you create an account, when you contact us, when you purchase from our website), sometimes we collect it (e.g. using cookies to understand how you use our websites and apps) or sometimes we receive your personal data from other third parties or publicly available sources.


4. How we use your personal data

Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Your consent – where we ask for your agreement to use your personal data for a specific purpose.

• The performance of a contract – where we need to process your personal data to provide you with a service/something under an agreement we have with you or as part of preparing to enter into an agreement with you
• Our legitimate interests – where the use of your data is in our legitimate business interests (when we have a reason to use your information in connection with Dermaky’s activities, so long as your rights and interests do not override this).

• To comply with a legal obligation – where we need to use your personal data for our own legal and regulatory compliance reasons (for example to comply with our tax and financial reporting obligations).


Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Direct marketing

During the account creation process on our website when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from Dermaky via email or SMS.

We may also analyse your Identity, Contact, Technical, Usage and Profile Data to form a view of which products, services and offers may be of interest to you so that we can then send you relevant marketing communications.

Third-party marketing

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


Opting out of marketing

You can ask to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us at privacy@dermaky.com.
 If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes for example relating to order confirmations for, updates to our Terms and Conditions, or checking that your contact details are correct.


Cookies

The settings from Internet browsers are usually programmed by default to accept cookies, but you can easily adjust it by changing the settings of your browser or, where available, by using the tools on our website. 
 Many cookies are used to enhance the usability or functionality of a website; therefore disabling some types of cookies may prevent you from using certain parts of our website. 
 If you wish to manage your preferences regarding the cookies that are set by our website, please use the tool available on the website or refer to the Help function within your browser to learn how to manage your settings within your browser. For more information please consult the following link: https://www.aboutcookies.org.

5. Disclosures of your personal data

We may share your personal data where necessary with the parties and for the purposes set out below:


• Third parties we use to help deliver our services and run our organisation (e.g. marketing and communications service providers, website hosts, IT and data analytics service providers, website hosts, IT and data analytics service providers, our bank or other financial service providers, and professional services providers such as our lawyers and accountants.

• Third parties specifically approved by you (e.g. social media channels or other third-party services you choose to link your account).

• Law enforcement and regulatory bodies to comply with our legal regulatory obligations.

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.



6. International transfers

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK to countries that have laws that do not provide the same level of data protection as the UK law.
 Under data protection law, we can only transfer your personal data to a country or international organisation outside the UK/EEA where:


• the UK government (or, where the EU GDPR applies, the European Commission) has decided the particular country or international organisation ensures an adequate level of protection of personal data (known as an ‘adequacy decision’);

• there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; or

• a specific exception applies under data protection law.

These are explained below.

Adequacy decision

We may transfer your personal data to certain countries, on the basis of an adequacy decision. These include all EEA countries, Gibraltar, Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay. The list of countries that benefit from adequacy decisions will change from time to time. We will always seek to rely on an adequacy decision, where one exists. Other countries we are likely to transfer personal data to do not have the benefit of an adequacy decision. This does not necessarily mean they provide poor protection for personal data, but we must look at alternative grounds for transferring the personal data, such as ensuring appropriate safeguards are in place or relying on an exception, as explained below.

Transfers with appropriate safeguards

Where there is no adequacy decision, we may transfer your personal data to another country if we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for data subjects. The safeguards will usually include using legally-approved standard data protection contract clauses. To obtain a copy of the standard data protection contract clauses and further information about relevant safeguards, please contact us at privacy@dermaky.com.

Transfers under an exception

In the absence of an adequacy decision or appropriate safeguards, we may transfer personal data to a third country or international organisation where an exception applies under relevant data protection law (e.g. you have explicitly consented to the proposed transfer after having been informed of the possible risks; the transfer is necessary for the performance of a contract between us or to take pre-contract measures at your request; the transfer is necessary for a contract in your interests, between us and another person; or the transfer is necessary to establish, exercise or defend legal claims). We may also transfer information for the purpose of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms. Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your personal data on this ground.


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.


8. Data retention


How long will you use my personal data for?

We will keep your personal data for as long as required to continue providing services you have requested, and thereafter only for as long as is reasonably necessary (e.g. to respond to any questions, complaints or claims made by you or on your behalf) and in compliance with data protection laws. We will not keep your personal data for longer than necessary. When it is no longer necessary to keep your personal data, we will delete or anonymise it.

9. Your legal rights

You have a number of rights under data protection laws in relation to your personal data.

You have the right to:

• Request access to your personal data (commonly known as a “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 in certain circumstances. 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) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.

• You also have the absolute right to object at any time to the processing of your personal data for direct marketing purposes.

• 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 that you initially provided consent for us to use or where we used the information to perform a contract with you.

• 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.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
• If you want us to establish the data’s accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• 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
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.


If you wish to exercise any of the rights set out above, please contact us at privacy@dermaky.com.


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 could 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 could 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. Contact details

If you have any questions about this privacy policy or about the use of your personal data or you want to exercise your privacy rights, please contact us at privacy@dermaky.com.


11. Complaints

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.


12 .Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. 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, for example a new address or email address.

13.Third-party links

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 policy of every website you visit.