1. Introduction

Welcome to the Privacy Policy of Ann Summers Limited (“Ann Summers”) and the Independent Brand Ambassador approved by Ann Summers of which you are a customer. Ann Summers Independent Brand Ambassadors (“IBAs”) run their own business and are engaged by Ann Summers Limited to host Ann Summers Events and sell Ann Summers products. They are not employed by Ann Summers but are authorised by Ann Summers to organise and run events and to sell Ann Summers products.

This Privacy Policy explains how IBAs and Ann Summers collect, handle and use your personal information, including sharing your information, and your rights in relation to that information. Both the IBA and Ann Summers are joint controllers of your personal data for the purpose of this Privacy Policy. Unless, the IBA or Ann Summers are specifically referred to below then references to “we” in this Privacy Policy mean both the IBA and Ann Summers.

Some terms that we use in this Privacy Policy

A “controller” is the entity that decides why and how your personal information is processed.

“Microsite” means a microsite of Ann Summers through which you are able to purchase Ann Summers products by clicking through the IBA unique URL.

“Events” means presentations and meetings organised by Independent Ambassadors at which Ann Summers products are promoted and demonstrated.

Why are Ann Summers and the Independent Brand Ambassadors joint controllers?

IBAs will collect information from you at Events and through their role as an Independent Brand Ambassador and may need to provide that information to Ann Summers, including through the Microsite, in order to enable Ann Summers to fulfil your product order. Where you provide your information directly through the Microsite, which is controlled by Ann Summers, Ann Summers may need to pass the IBA that information to enable them to deliver the products to you or deal with a query or complaint relating to the product. Additionally, the IBA may contact you to offer you new products and services or follow-up on your order to ensure that everything was ok with the service the IBA and Ann Summers have provided. Likewise, Ann Summers may contact you direct for that purpose or to provide you with marketing materials concerning Ann Summers products and services you may be interested in purchasing in the future. This means that both Ann Summers and the IBA will independently decide why and how your personal information is processed, though at all times in accordance with the Law. Please see the section at the end of this Privacy Policy for our contact and legal information.

This Privacy Policy explains why and how we will use the personal information that we have obtained from you or others, with whom we share it and the rights you have in connection with the information we use. Please read the following carefully.

Responsible Retailing

We do not and will not knowingly collect information from any person under the age of 18. If you are under the age of 18, you must not use the Microsite, book or attend an Event or submit any personal information. Due to the nature of some of our products, you must be 18 or over to attend an Event and use and shop on the Microsite.

2. Personal information we collect about you

We receive personal information about you that you give to us, that we collect from your attendance at Events and visits to the Microsite and that we obtain from other sources. We only collect personal information which we need and that is relevant for the purposes for which we intend to use it.

Personal information that you give to us

We collect the following information if you choose to give it to us in connection with your attendance at Events your purchases or general enquiries, when exercising your legal rights or by corresponding with us by phone, email or other means and is provided by you entirely voluntarily. The information you give to us can include your name, contact details (such as phone number, email address and postal address), enquiry details, your opinion of Ann Summers’ products and services and certain marketing preferences. There are some circumstances where we need the information (pursuant to our contract with you), for example, where you have placed an order for products, we need to know where to deliver your order and to be able to take payment from you. If you don’t provide us with this information we may not be able to provide our services to you or be able to interact with you in the way you would expect.

Information that we collect about you – at Events or when booking an Event or signing up to attend an Event or through the Microsite:

your name, title and contact details (email address, telephone number, postal address, social media handle);

your date of birth;

gender

any information you include in correspondence you send to us or in forms you submit to us when booking, attending or following an Event or when using the Micosite;

details of your orders and purchases;

your marketing preferences;

the opinions and other information you provide when responding to customer surveys and product reviews;

information you provide when completing a Tax Free Shopping Form;

any personal information included in your entries to competitions that we run;

your identification information when exercising the rights that you have in relation to our processing of your personal information (see further Your rights in relation to your personal information)

details of any transactions between you and us;

information you give us when you contact us with a query or issue;

your payment card details and, in relation to certain refunds, your bank account details;

information you give us when you contact us with a query or issue

When you visit the Microsite Ann Summers automatically collects:

the frequency of your voucher and discount downloads;

the internet protocol (IP) address of your device and details regarding the type of device and browser software you use to access the Site;

details of your use of the Microsite, namely traffic data, weblogs and statistical data, including where and when you clicked on certain parts of the Microsite and details of the webpage from which you visited it;

the date and time you used the Microsite;

the pages you visited on the Microsite and how long you visited it for;

your GPS location (where you have permitted access to this);

the website address from which you accessed the Microsite;

details regarding when and how you consented to receive marketing communications from us (including the date you provided your consent);

cookie, pixels and beacon identification information (for more information please see the Ann Summers Microsite Cookie Policy).

Information Ann Summers collect about you from other sources

We collect the following personal information about you from the following sources, which we use in the ways described in the section below:

CACI

UK HEAD QUARTERS Kensington Village Avonmore Road London W14 8TS

Data Source:

CACI OCEAN Database

Example categories of data:

650+ demographic, lifestage and lifestyle variables:

Examples:

Demographics – age, income, no. of children

Home & Motor – house type, no. of cars

Digital – internet usage, social networking

Lifestyle – interests and hobbies

Shopping – weekly spend, supermarket brands

Attitudes – finance, lifestyle, technology

3. Use of your personal information

We use your personal information for a variety of reasons. We rely on different legal grounds to process your personal information, depending on the purposes of our use and the risks to your privacy. You will only receive unsolicited email and SMS marketing communications from us if: (a) we have obtained your details in the course of a sale or negotiation for a sale of Ann Summers products or Event services and you have not objected to receiving such direct email and SMS marketing from us. Of course, we will only send you marketing emails and SMS messages that are based on similar products or services that you purchased and you will always have the opportunity to opt out at any time; or (b) if you have consented to receiving marketing email and SMS messages from us (you can opt-out of receiving them at any time). We do not share your personal information with companies that would send their marketing to you. As described above I may share your personal information with Ann Summers and Ann Summers may share your personal information with me for the purposes set out in this Privacy Policy.

We use your personal information in the following ways:

Where you have provided CONSENT

We may use and process your personal information for the following purposes where you have consented for us to do so:

to contact you via email or SMS (as you have indicated) with marketing information about Ann Summers products, events, product launches, exciting offers and services (see Marketing for further details);

Where necessary to comply with our legal obligations.

We will use your personal information to comply with our legal obligations:

to keep a record relating the exercise of any of your rights relating to our processing of your personal information;

to take any actions in relation to health and safety incidents required by law; and

to handle and resolve any complaints we receive relating to the services and products we provide.

Where necessary for us to pursue a legitimate interest

We may use and process your personal information where it is necessary for us to pursue our legitimate interests as businesses for the following purposes:

Processing necessary for us to promote our businesses, brands and products and measure the reach and effectiveness of our campaigns;

for analysis and insight conducted to inform our marketing strategies, and to enhance your visitor experience to the Microsite;

to tailor and personalise our marketing communications based on your attributes, for example, by sending you a birthday treat message;

to fulfil and complete your orders, purchases and other transactions;

to contact you with targeted advertising delivered online through social media and other online platforms operated by other companies, unless you object;

to send you an electronic communication if you have closed your browser with items in your shopping basket;

to send you electronic marketing information after you have purchased a product or service, made a purchasing enquiry or requested information of interest. At the time we first collect your details we will give you a simple way to opt out and object to our sending you electronic marketing information and this option will be repeated in every subsequent marketing message we send you. We will only contact you with information about similar Ann Summers products and services, which we hope you will like. You have the right to object to us sending you this information at any time;

to identify and record when you have received, opened or engaged with the Microsite or other electronic communications (please see the Ann Summers Microsite Cookie Policy for more information); and

in some cases Ann Summers may use automated methods to analyse, combine and evaluate information that you have provided to us. Ann Summers will collect and analyse this information in this way so that they can deliver the most appropriate customer experience to you by tailoring and making relevant all its service and communications and to assist the Independent Brand Ambassador with their service and communications.

Processing necessary for us to support you with your enquiries

to respond to correspondence you send to us and fulfil the requests you make to us;

processing necessary for us to respond to changing market conditions and the needs of customers;

to analyse, evaluate and improve Ann Summers products and services so that your visit and use of the Microsite, Events and Independent Brand Ambassador services are more useful and enjoyable (we will generally use data amalgamated from many people so that it does not identify you personally);

to undertake market analysis and research (including contacting you with customer surveys) so that we can better understand you as a customer;

for product development purposes;

processing necessary for us to operate the administrative and technical aspects of our businesses efficiently and effectively;

to administer the Microsite and Events and for internal operations, including troubleshooting, testing, statistical purposes;

for the prevention of fraud and other criminal activities;

to verify the accuracy of data that we hold about you and create a better understanding of you as a visitor to the Microsite and attendee at Eevnts;

for network and information security in order for us to take steps to protect your information against loss or damage, theft or unauthorised access;

to comply with a request from you in connection with the exercise of your rights (for example where you have asked us Ann Summers or I not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request);

for the purposes of corporate restructure or reorganisation or sale of our business or assets;

for efficiency, accuracy or other improvements of our databases and systems, for example, by combining systems or consolidating records we hold about you;

to enforce or protect our contractual or other legal rights or to bring or defend legal proceedings;

to inform you of updates to our terms and conditions and policies; and

for other general administration including managing your queries, complaints, or claims, and to send service messages to you.

Where necessary for us to carry out pre-contract steps you have requested or for the performance of the contract for products or services

We will use your personal information where this is necessary for us to perform the Independent Brand Ambassador’s contract with you or to carry out any pre-contract steps you’ve asked us to so that you can enter into that contract, for the following purposes:

to fulfil your Event requirements;

to process, fulfil and complete your orders, purchases and other transactions and deliver your order;

to process your payment card or bank details when taking payment for your orders or when providing a refund; and

to run our competitions and promotions that you enter from time to time and to distribute prizes.

Where processing is in your vital interests

We will use your personal information where this is in your vital interest for the following purposes:

to notify you of any product recall issues;

Marketing communications: If we have requested your consent and you give your consent, we may use your personal information to contact you by email or SMS (as you indicate) to send you newsletters or to notify you of special offers, promotions, competitions or new products and services. We try to adapt any marketing material that we send to you for example by notifying you of special offers or promotions that will be of relevance to you, apply to your interests and in your location (we do this by monitoring your browsing and online shopping habits and providing information on products you have viewed and related products). If you do not wish to receive email communications from us, please inform us by using the unsubscribe link inside the email or code within the SMS, by sending an email to dataprotection@annsummers.com or by changing your profile settings from within your account.

If you opt-out of receiving marketing communications from us, we keep your email address on our suppression list indefinitely to ensure that we comply with your wishes. Please see further The periods for which we retain your personal information.

4. Disclosure of your personal information by us

We only disclose your personal information outside our businesses in limited circumstances. If we do, we will put in place a contract that requires recipients to protect your personal information, unless we are legally required to share that information. Any contractors or recipients that work for either Ann Summers or the Independent Brand Ambassador will be obliged to follow our instructions. We do not sell your personal information to third parties.

nn Summers may disclose your information to its third party service providers, agents and subcontractors (Suppliers) for the purposes of providing services to us or directly to you on our behalf, including the operation and maintenance of the Microsite. Its Suppliers can be categorised as follows:

Advertising, PR, digital and creative agencies

Ann Summers Ireland Retail Ltd

Banks, payment processors and financial services providers

Cloud software system providers, including database, email and document management providers

Competition data capture providers

Customer care/services providers (Support)

Delivery and mailing services providers

Facilities and technology service providers including scanning and data destruction providers

Gift card and shopping code providers

Insurers and insurance brokers

Legal, security and other professional advisers and consultants

Market and customer research providers

Service Providers for email marketing campaigns

Social media platforms

Website developers

Website and data analytics platform providers

Website hosting services providers

the IBA may disclose your information to third party service providers, agents and subcontractors (Suppliers) for the purposes of providing services to us or directly to you on its behalf, including the operators of Event venues. The IBA’s Suppliers can be categorised as follows:

Ann Summers Limited (as explained above)

Banks, payment processors and financial services providers

Health and safety claims administrators and consultants

Insurers and insurance brokers

When we use Suppliers, we only disclose to them any personal information that is necessary for them to provide their services and only where we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.

We may disclose the personal information to other third parties as follows:

any third party who is restructuring, selling or acquiring some or all of our business or assets or otherwise in the event of a merger, re-organisation or similar event; and

if we are under a duty to disclose or share your information in order to comply with any legal or regulatory obligation or request, including by the police, courts, tribunals or regulators.

5. Transfers of your personal information outside of Europe

Ann Summers transfers your personal information outside of Europe and will take measures to protect your personal information.

6. Security and links to other websites

Ann Summers uses a variety of measures based on good industry practice to keep the Microsite secure. Nonetheless, transmissions over the internet and to the Microsite may not be completely secure, so please exercise caution. When accessing links to other websites, their privacy policies, and not this Privacy Policy, will apply to your personal information.

Payment Security

Ann Summer is a member of IMRG, the leading industry body for global e-tailing, promoting the highest possible industry standards and best practices ensuring honest and truthful transactions. Ann Summers utilises industry-standard 256 bit Secure Sockets Layer (SSL) technology to allow for the encryption of sensitive information such as your name, address and other sensitive information like your credit card details.

This technology includes the following features:

Authentication: this assures your browser that your data is being sent to the correct computer server, and that the server is secure;

Encryption: this encodes the data, so that it cannot be read by anyone other than the secure server;

Data Integrity: this checks the data being transferred to ensure it has not been altered.

Unfortunately, the transmission of information via the internet is not completely secure. Although Ann Summers will do everything possible to protect your personal information, the security of any personal information during its transmission to it online cannot be guaranteed . You accept the inherent security implications of using the internet and will not hold us responsible for any breach of security unless Ann Summers is at fault, and in which case Ann Summers is the responsible party for the Microsite.

If you are using a computer or terminal in a public location, we recommend that you always log out and close the website browser when you complete an online session for your security. In addition, we recommend that you take the following security measures to enhance your online safety: When creating a password, we recommend use at least 8 character with a combination of letters and numbers. We recommend you frequently change your password – you can do this by going to “Sign In” and clicking “Personal Information”.

Keep your passwords private. Remember, anyone who knows your password may access your account. Avoid using the same password for multiple online accounts. We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from annsummers.com asking you to do so, please ignore it and do not respond.

The Microsite and social media pages may contain links to other websites run by other organisations which we do not control. This Privacy Policy does not apply to those other websites‚ so we encourage you to read their privacy policies. We are not responsible for the privacy policies and practices of other websites (even if you access them using links that provide on the Microsite) and links are provided to those websites solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or promises about their accuracy, content or thoroughness. Your disclosure of personal information to third party websites is at your own risk.

In addition, if you linked to the Microsite from a third party website, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party website and recommend that you check the policy of that third party website.

7. The periods for which we retain your personal information

We will not hold your personal information in an identifiable format for any longer than is necessary for the purposes for which we collected it. For certain purposes we retain your personal information indefinitely (e.g. to supress marketing messages) whilst for others Ann Summers retains it for a period of 7 years after the information is no longer required for business reasons so that it can deal with any legal proceedings that could arise and the Independent Brand Ambassador shall retain it for no longer than is necessary.

The only exceptions to the periods mentioned above are where:

you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law (see further Your rights in relation to your personal information);

you exercise your right to require us to retain your personal information for a period longer than our stated retention period (see further Your rights in relation to your personal information);

we bring or defend a legal claim or other proceedings during the period we retain your personal information, in which case we will retain your personal information until those proceedings have concluded and no further appeals are possible; or

in limited cases, existing or future law or a court or regulator requires us to keep your personal information for a longer or shorter period.

Ann Summers retains an anonymised version of the submitted personal information for as long as they require it for reporting and other statistical and analytical purposes. Such anonymised information will not identify you and may be derived from personal information that was contained within accounts that have subsequently been deleted.

8. Your rights in relation to your personal information

Ann Summers has agreed to facilitate any request from you relating to the personal information it holds or the information held by the Independent Brand Ambassador for your ease. Therefore please contact Ann Summers in the first instance should you have any queries relating your personal data. You have a number of rights in relation to your personal information under data protection law. In relation to certain rights, Ann Summer may ask you for information to verify your identity and, where applicable, to help Ann Summers to search for your personal information. Except in rare cases, Ann Summers will respond to you within 30 days after it has received this information or, where no such information is required, after it has received full details of your request.

You have the following rights, some of which may only apply in certain circumstances.

To find out more about each of your rights, please click the ✓ icon next to each right above. To exercise these rights, please contact Ann Summers using the details at the end of this Privacy Policy.

✓ to be informed about the processing of your personal information (this is what this statement sets out to do);

✓ to have your personal information corrected if it is inaccurate and to have incomplete personal information completed;

✓ to object to processing of your personal information;

✓ to withdraw your consent to processing your personal information;

✓ to restrict processing of your personal information;

✓ to have your personal information erased;

✓ to request access to your personal information and information about how we process it;

✓ to electronically move, copy or transfer your personal information in a standard, machine-readable form; and

✓ rights relating to automated decision making, including profiling.

9. Changes to this Privacy Policy

Please check this page regularly for changes to this Privacy Policy.

This Privacy Policy may be reviewed from time to time and any changes will be posted to this Microsite. We recommend you regularly check this page for changes and review this Privacy Policy each time you visit the Microsite.

10. Contact and legal information

You can contact Ann Summers with your queries in relation to this Privacy Policy or for any other reason by post, email or by phone.

To contact Ann Summers for any reason, including to exercise any of your rights in relation to your personal information, please contact us using our Comments Form, selecting "General Query" and then "Query about my data" from the drop down list; or write to the Ann Summers Data Protection Team at Ann Summers Ltd, Gold Group House, Godstone Road, Whyteleafe, Surrey, CR3 0GG, or email us at dataprotection@annsummers.com.

Ann Summers’ Limited company registration number is 1034349 and registered office address is Gold Group House, Godstone Road, Whyteleafe, Surrey, CR3 0GG.