Identity of the Data Controller

“Data controllers” are the people or organisations that determine the purposes for which, and the manner in which, any Personal Data is processed, and make independent decisions in relation to the Personal Data and/or who/which otherwise control that Personal Data.

For the purposes of the GDPR, Cookie & Crumb is the data controller with regard to the Personal Data described in this Data Protection and Privacy Policy and Notice.

Our Data Protection Coordinator can be contacted as follows:
Email: privacy@cookieandcrumb.ie

Purpose and Scope

The purpose of this Data Protection and Privacy Policy and Notice is to provide you as our data subject with a statement regarding the Data Protection and Privacy practices and obligations of Cookie & Crumb, [the Organisation] and an explanation of your rights as a data subject. This Data Protection and Privacy Policy and Notice applies to our business practices, our website (Websites), which are accessible from cookieandcrumb.ie and its sub-domains, as well as any associated mobile applications (Mobile Apps) owned and controlled by the Organisation. As the Organisation is established in the Republic of Ireland, this document is written in the vein of Irish Data Protection Law, and Cookie & Crumb falls under the jurisdiction of the Irish Data Protection Commission. This Data Protection and Privacy Policy and Notice sets out what Personal Data we collect and process about you in connection with the services and functions of the Organisation. We are not responsible for the content or the privacy notices for any websites to which we provide external links.

Laws that apply to us:

• General Data Protection Regulation (EU Regulation 679/2016)
• Irish Data Protection Acts 1988 to 2018
• Regulations flowing from DPA 2018
• ePrivacy Regulations 2011 implementing EU Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications, otherwise known as ePrivacy Directive (ePD)

Updates

Our practices as described here now may be changed, but any changes will be posted, and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review this Data Protection and Privacy Policy and Notice periodically to make sure that you understand how any personal information you provide will be used. We may also email you in certain circumstances to let you know if and when we update this Data Protection and Privacy Policy and Notice to ensure you are informed.

Any changes to this Data Protection and Privacy Policy and Notice will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Data Protection and Privacy Policy and Notice, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your Personal Data in a new manner.

Why and how do we ensure compliance?

Data protection and privacy laws provide rights to individuals with regard to the use of their Personal Data by organisations, including our organisation. Irish and EU laws on data protection govern all activities we engage in with regard to our collection, storage, handling, disclosure, and other uses of Personal Data.

We must comply with data protection and privacy laws because the law requires us too but we also would like you to have confidence in dealing with us, and compliance with data protection law helps us to maintain a positive reputation in relation to how we handle Personal Data.

We need to demonstrate accountability for our data protection obligations. This means that we must be able to show how we comply with the applicable data protection and privacy laws, and that we have in fact complied with the laws. We do this, among other ways, by our written policies and procedures, by building data protection and privacy compliance into our systems and business rules, by internally monitoring our data protection and privacy compliance and keeping it under review, and by acting if our representatives, including employees or contractors, fail to follow the rules. We also have certain obligations in relation to keeping records about our data processing.

Who must comply?

All our representatives, which include employees and contractors, are required to comply with our Data Protection and Privacy Policies which inform this Data Protection and Privacy Policy and Notice when they process Personal Data on our behalf.

What are the data protection principles and rules?

We aim to comply with the following principles found in Data Protection Law:

• Lawfulness, fairness, and transparency – Personal data must be processed lawfully, fairly, and in a transparent manner.
• Purpose Limitation – Personal data must be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
• Data minimisation – Personal Data must be adequate, relevant, and limited to what is necessary in relation to purposes for which they are processed.
• Accuracy – Personal data must be accurate and, where necessary, kept up to date. Inaccurate Personal Data should be corrected or deleted.
• Retention – Personal data should be kept in an identifiable format for no longer than is necessary.
• Integrity and confidentiality – Personal data should be kept secure.
• Accountability – Under the GDPR, we must not only comply with the above six general principles but we must be able to demonstrate that we comply by documenting and keeping records of all decisions.

What types of personal data will we process?

Personal Data

We will collect personal data with you in accordance with the purposes outlined in this document. This will be basic or regular personal data used to facilitate a consultant/client type relationship usually your name and email address and from time to time billing information. If you are a sole trader or partnership, we would consider your address to be personal data.

Special Category Personal Data

We will not collect special category data from you.

Criminal Conviction Data

We will not collect criminal conviction data from you.

Children’s Personal Data

If you would like to make use of our services and you are not yet 18 years old, we require that an adult is present when you register, if registration is required. Where consent is required to process your Personal Data as a child, we will obtain that consent from the adult who is authorised to give the consent on your behalf. You must be at least 18 years old to create an account and engage in activities and transactions on our digital and social media. By creating an account or engaging in activities or transactions on our digital and social media, you affirm that you are at least 18 years old and are fully able to enter into and comply with our regular Terms of Use and this Privacy Policy and Notice. If we are notified or learn that a child has submitted Personal Data to us through our digital or social media without the correct permissions or consents, we will delete such Personal Data.

Who has access to or processes personal data?

Owners and Employees of the Organisation

Owners and employees of the Organisation who are bound by confidentiality agreements will process personal data on behalf of the Organisation.

Service Providers

We may use trusted service providers who could be considered data processors, sub-processors or third parties. We need to have written agreements in place with all of our service providers and, before we sign each agreement, we need to have vetted and be satisfied with the service provider’s data security. The agreements also need to contain specific clauses that deal with data protection. We require all third parties to have appropriate technical and operational security measures in place to protect your Personal Data, in line with Irish and EU laws on data protection. Any such organisation or individual will have access to Personal Data needed to perform these functions but may not use it for any other purpose.

We use the following categories of service providers:

• Web Hosting and Management
• Data Analytics Platforms
• Social Media Networks
• Email Marketing and Campaign Management Provider
• Consent Management Platform
• Website Security Management
• Microsoft 365 with Email Services and Management
• Payment Processors
• Postal and Courier Service Providers
• Accountants and other Professionals
• Telephone and Broadband Providers

We may pass on your details if we are

• under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or
• in order to enforce or apply any contract or other agreements with you, or
• to protect our rights, property, or safety of our employees, customers, or others.

This includes reporting information about incidents (as appropriate) to the law enforcement authorities and responding to any requirements from law enforcement authorities to provide information and/or Personal Data to them for the purposes of them detecting, investigating, and/or prosecuting offences or in connection with crime sentencing.

Other than the above, or captured herein or in another agreement with you, we will not disclose personal information to any third party without your consent or prior knowledge except in incidences where an individual is potentially at risk or where the law requires it.

Where does your data travel to?

Currently, we do not engage in regular international transfers of personal data outside of the EEA.

• If you make use of Stripe, your data is transferred under the Standard Contractual Clauses.
• If you consent to Google related cookies, your data is transferred under the Standard Contractual Clauses.
• If you sign up for our Mailchimp newsletters, your data is transferred under the Standard Contractual Clauses.
• We may meet you on social media platforms where your data has already been transferred outside of the EEA. We prefer to take all communications out of social media inboxes onto platforms we use such as email or MS Teams.

International Transfers

If we transfer your Personal Data out of the EEA, we ensure an adequate degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• 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.
• 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.

Automated Decision-Making and Profiling

Automated Decision Making refers to a decision that is taken solely on the basis of automated processing of your personal data. This means processing using, for example, software code or an algorithm, which does not require human intervention. As Profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do.

We do not use automated decision-making or profiling.

Security

We follow strict security procedures in the storage and disclosure of your Personal Data, and to protect it against accidental loss, destruction, or damage. We take appropriate security measures against unlawful or unauthorised processing of Personal Data, and against the accidental loss of, or damage to, Personal Data. The data you provide to us is protected using modern encryption, intrusion prevention, and account access techniques as appropriate and required. We have put in place procedures and technologies to maintain the security of all Personal Data from the point of collection to the point of destruction. We maintain data security by protecting the confidentiality, integrity, and availability of the Personal Data, defined as follows:

• Confidentiality means that only people who are authorised to use the data can access it.
• Integrity means that Personal Data should be accurate and suitable for the purpose for which it is processed.
• Availability means that authorised users should be able to access the data if they need it for authorised purposes.

Data Retention

We have a documented data retention schedule. Generally, we will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for and for up to seven (7) years afterward (for purposes related to Revenue requirements) or otherwise permitted by applicable laws. We may also retain your information during the period of time needed to complete our legitimate business operations, 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.

WooCommerce Retention Settings:

• Retain inactive accounts for one year.
• Retain pending orders for seven days.
• Retain failed orders for seven days.
• Retain cancelled orders for seven days.
• Retain completed orders for seven years.
• Retain ended subscriptions for seven years.

Marketing

We may use your Personal 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 products, services, and offers may be relevant for you.

We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. Where appropriate, you will be asked whether you wish to receive any marketing communications from us.

We will not share your Personal Data with any third party for marketing purposes. You may object to direct marketing by using the provided links or the contact details herein to opt-out or make use of the opt-out links on communications.

Advertising Choices

Facebook Ads:
We make use of Facebook Ads from time to time. We do base our ads on interests and do not use re-marketing techniques. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950. To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217. Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance.

You can also opt-out from Facebook and other participating companies through

• the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/,
• the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/, or
• the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation.

Google Ads:

We make use of Google Ads from time to time. We do base our ads on keywords and do not use re-marketing techniques. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.

Cookies, Tracking, and Other Technical Personal Data

Cookies

Technical Personal Data

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. We may gather technical information for security reasons. We will make no attempt to identify individual visitors, or to associate the technical details listed below with any individual. We will only use the technical information for statistical and other administrative purposes.

We may collect this technical information from you when you visit our website and accept cookies. This information may include standard information from you (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our website (such as the web pages viewed and links clicked). We do note that your IP address is considered personal data under the GDPR.

Certain information in relation to web usage is revealed via our internet service provider or hosting provider who records some of the following data. Whilst we do not access this information regularly, the technical information may be used to inform our security measures, to allow us improve the information we are supplying to our users, to find out how many people are visiting our sites and for statistical purposes. The information we receive depends upon what you do when visiting our site:

• The IP address you are using.
• The date and time you access our site.
• The pages you have accessed and the documents downloaded.
• The previous Internet address from which you linked directly to our site.
• The user agent used to accessed our site.

Matomo Opt-Out

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

Opt-out complete; your visits to this website will not be recorded by the Web Analytics tool. Note that if you clear your cookies, delete the opt-out cookie, or if you change computers or Web browsers, you will need to perform the opt-out procedure again.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

You are not opted out. Uncheck this box to opt-out. You are currently opted out. Check this box to opt-in.

The tracking opt-out feature requires cookies to be enabled.

Sale of Organisation

Situations may arise where it is necessary to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership, or transfer of all or substantially all of the assets of our organisation provided that the third party agrees to adhere to the terms of the Data Protection and Privacy Policy and Notice and provided that the third party only uses your Personal Data for the purposes that you provided it to us. The Personal Data transferred will be limited to that which is absolutely necessary. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

Information on Consent

By consenting, where this is the appropriate and identified grounds for processing, to our processing your Personal Data in line with this Data Protection and Privacy Policy and Notice you are giving us permission to process your Personal Data specifically for the purposes identified.

You may withdraw consent at any time by providing an unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify withdrawal of consent to the processing of Personal Data relating to you. If you have any queries relating to withdrawing your consent, please contact our Data Protection Coordinator using the contact details set out below.

Withdrawal of consent shall be without effect to the lawfulness of processing based on consent before its withdrawal.

Summary of Data Processing Activities

If you have questions about specific activities, please contact us as this is a summary table.

Categories of Data	Purpose/Activity	Possible Lawful Basis for Processing (we will confirm with you per specific activity queried)
Name and Contact Details	To manage our relationship with you as our customer, supplier, or contractor	(a) Performance of a contract with you (b) Necessary to comply with our legal obligation
Name and Contact Details, at times including Billing and/or Shipping Address, Website URL (if personal data contained therein), Usernames (if personal data contained therein), Payment Details	To provide you with services and access to services such as those that form part of our online offerings, such as purchasing goods	(a) Performance of a contract with you (b) Necessary to comply with our legal obligation
Name and Contact Details	To send you marketing material	(a) Consent (b)Necessary for our legitimate interests (ensure sales continue)
Name and Contact Details (and other personal data you might include in an email, text or voice message)	To respond to requests or queries that you provide to us via email, text or voice message	(a) Necessary for our legitimate interests (customer service) (b) Necessary steps to prior to entering into a contract with you
Name and Contact Details	Notifying you about changes to our terms or this policy where you may have signed up to receive such updates.	(a) Consent (b)Necessary to comply with our legal obligation
Name and Contact Details	Asking you to leave a review or take a survey	(a) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
Name and Contact Details; IP Address	To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(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
IP Address	To use data analytics to improve our website, products/services, marketing and customer relationships and experiences	(a) Consent (b) Necessary for our legitimate interest (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Name and Contact Details	To respond to your enquiry, feedback or complaint	(a) Necessary to comply with a legal obligation (b) Performance of a contract with you
Name and Contact Details (Invoices and Order Details)	To comply with our tax obligations	(a) Necessary to comply with a legal obligation.
Cookies (IP Address)	Cookies can be managed on the link at the bottom of every page.	(a) Necessary to comply with a legal obligation (b) Consent
Name and Social Media Handles	To build an online community, disseminate information and to respond to your queries directly.	(a) Necessary for our legitimate interests (customer service)

What rights do you have?

Under certain circumstances, and dependent on legal basis under which your personal data is processed, by law you have the right to:

• Request information about whether we hold Personal Data about you, and, if so, what that Personal Data is and why we are holding/using it.
• 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 information we hold about you corrected.
• 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 exercised your right to object to processing (see below).
• 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. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
• Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your Personal Data or profiling of you.
• Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request transfer of your Personal Data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.

How do you exercise your rights?

We have appointed a Data Protection Coordinator to monitor compliance with our data protection obligations and with this policy and our related policies. If you have any questions about this policy or about our data protection compliance, please contact the Data Protection Coordinator.

If you wish to exercise your rights please contact our Data Protection Coordinator who will respond to the request and attempt to resolve it within one calendar month.

We are obliged to comply with exceptions to your requests where laid out in law. Such exceptions relate to health data, disclosures that would be likely to cause serious harm to your physical or mental health or emotional condition and opinions given in confidence.

Our Data Protection Coordinator can be contacted as follows:
Email: privacy@cookieandcrumb.ie

If you wish to erase all of your personal data, please email the data protection coordinator from your registered email address. Your email address and erasure request will be deleted from the system once the process is complete.

Your Right to Lodge a Complaint

You as the Data Subject have the right to complain at any time to a supervisory authority in relation to any issues related to our processing of your Personal Data. As our organisation is located in Ireland and we conduct our data processing here, we are regulated for data protection purposes by the Irish Data Protection Commissioner.

You can contact the Data Protection Commissioner as follows:
Website: www.dataprotection.ie
Phone: +353 57 8684800 or +353 (0)761 104 800
Email: info@dataprotection.ie
Address: Data Protection Office – Canal House, Station Road, Portarlington, Co. Laois, R32 AP23. Or 21 Fitzwilliam Square Dublin 2. D02 RD28 Ireland

Policy and Notice Approval

This Data Protection and Privacy Policy and Notice has been approved and authorised by Samantha Richardson, owner of Cookie & Crumb.

Changelog

• 10 November 2020