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Privacy and Cookie Policy

Introduction 

Welcome to Michael Wheat Pond & Garden Design Limited’s (“Ponds By Michael Wheat” or “us” or “we” (as the case may be)) privacy policy.

We respect your privacy and we are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. 

1. Important information and who we are 

Purpose of this privacy policy 

This privacy policy aims to give you information on how we collect and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, enquire about product or service or take part in a competition. 

This website is not intended for children and we do not knowingly collect data relating to children. 

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. 

Controller 

Ponds By Michael Wheat is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy policy). 

Contact detail 

If you have any questions about this privacy policy or our privacy practices, please contact our DPO data in the following ways: 

Full name of legal entity: Michael Wheat Pond & Garden Design Limited 

Email address: info@pondandgardendesign.co.uk 

Postal address: Head Office, Leicester, Ponds by Michael Wheat, Unit 1, Heanor Street, Leicester, LE1 4DB 

Telephone number: 0116 240 3735 

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 before you approach the ICO so please contact us in the first instance. 

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

We keep our privacy policy under regular review. This version was last updated on 16 November 2018. 

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. 

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. 

Our website is linked to LiveChat Inc. that is software used by us to enable direct interaction with you. 

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 as follows: 

 

 

  • · Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. 
  • · Contact Data includes billing address, delivery address, email address and telephone numbers. 
  • · Financial Data includes bank account and payment card details. 
  • · Transaction Dataincludes details about payments to and from you and other 

details of products and services 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. 

  • · Profile Data includes your username and password, purchases or orders made 

by you, your interests, preferences, feedback and survey responses. 

  • · Usage Data includes information about how you 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. 

  • · Call Tracking Data includes the source of your telephone call and the contents 

of that call by recording it. 

Personal data may also be collected from you via our third party call handlers, The Office Genie, for us, and also through our website live chat provider, LiveChat Inc. Our Call Tracking Data is collected via Call Tracking Metrics. 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will 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 policy. 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. 

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 perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 

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 Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, live chat and email or 

otherwise. This includes personal data you provide when you: 

  • · apply for our products or services; 
  • · subscribe to our service or publications; 
  • · request marketing to be sent to you; 
  • · enter a competition, promotion or survey; or 
  • · give us feedback or contact us. 
  • · Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. We also use telephone tracking to link a caller’s call to the marketing channel that they originate from. Calls are also recorded. Please see our cookie policy for further details. 
  • · Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below. 
  • · Technical Data from the following parties: 

(a) analytics providers such as Google based outside the EU;
(b) advertising networks such as Google Ads, Facebook and Bing Ads based 

inside the EU; and 

(c) search information providers such as Bing and Google based inside the EU. 

  • · Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as World Pay based inside the EU. 
  • · Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU. 
  • · Provided to you by our Live Chat provider. 
  • · Call Tracking Data via Call Tracking Metrics. 

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: 

  • · 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 obligation. 

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. 

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 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. 

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) Identity (b) Contact 

Performance of a contract with you 

To process and deliver your order including: 

(a) Identity (b) Contact 

(a) Performance of a contract with you 

 

(a) Manage payments, fees and charges 

(b) Collect and recover money owed to us 

(c) Financial (d) Transaction 

(e) Marketing and Communications 

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(b) Necessary for our legitimate interests (to recover debts due to us) 

To manage our relationship with you which will include: 

(a) Notifying you about changes to our terms or privacy policy 

(b) Asking you to leave a review or take a survey 

(a) Identity (b) Contact (c) Profile 

(d) Marketing and Communications 

(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/services) 

To enable you to partake in a prize draw, competition or complete a survey 

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(a) Identity (b) Contact (c) Profile (d) Usage 

(e) Marketing and Communications 

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(a) Performance of a contract with you 

(b) Necessary for our legitimate interests (to study how customers use our products/services, 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) Identity (b) Contact (c) Technical 

(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) Identity 

(b) Contact 

(c) Profile 

(d) Usage 

(e) Marketing and Communications 

(f) Technical 

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) 

To use data analytics to improve our website, products/services, marketing, 

(a) Technical (b) Usage 

Necessary for our legitimate interests (to define types of customers for our products and 

 

customer relationships and experiences 

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services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) 

To make suggestions and recommendations to you about goods or services that may be of interest to you 

 

(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile 

(f) Marketing and Communications 

Necessary for our legitimate interests (to develop our products/services and grow our business) 

Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

Promotional offers from us 

We may use your Identity, Contact, Technical, Usage and Profile 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 call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. If you have not been a customer or previously requested goods or services, you may be asked to provide opt-in consent to receive marketing communications from us. 

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

Opting out 

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions. 

Cookies 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy. 

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

5. Disclosures of your personal data 

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above. 

  • · Internal Third Parties. 
  • · External Third Parties. 
  • · 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 policy. 

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 do not transfer your personal data outside the European Economic Area (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 reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 

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, regulatory, tax, accounting or other requirements. 

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. 

In some circumstances you can ask us to delete your data: see [your legal rights] below for further information. 

In some circumstances we will 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 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include: 

  • · Request access to your personal data. 
  • · Request correction of your personal data.
  • · Request erasure of your personal data. 
  • · Object to processing of your personal data.
  • · Request restriction of processing your personal data.
  • · Request transfer of your personal data. 
  • · Right to withdraw consent. 

If you wish to exercise any of the rights set out above, please contact us. An explanation of these terms is in section 10. 

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. Glossary 

LAWFUL BASIS 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/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 for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. 

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. 

THIRD PARTIES 

Internal Third Parties 

Other companies in the Michael Wheat Pond and Garden Design Group acting as joint controllers or processors and who provide IT and system administration services and undertakes leadership reporting. 

External Third Parties 

  • · Service providers acting as processors who provide IT and system administration services (including Live Chat services via our website). 
  • · Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. 
  • · HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. 

YOUR LEGAL RIGHTS 

You have the right 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: 

  • · 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. 

  • · 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. 

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. We will advise you if this is the case at the time you withdraw your consent. 

 

Cookie Policy

 

INFORMATION ABOUT OUR USE OF COOKIES 

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. 

We use the following cookies: 

  • · Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. 
  • · Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. 

·Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). 

·Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may share this information with third parties for this purpose. We use these cookies for future targeted advertising on third party web pages that you may visit. We also use cookies to record incoming calls. We use this information to identify the marketing channel the call has originated from. 

You can find more information about some of the individual cookies we use and the purposes for which we use them in the table below: 

Type of Cookie 

Purpose 

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More information 

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Google Analytics Visitor Tracking Cookies 

This Cookie is used to count the number of visitors and see how visitors move around the site when they are using it. 

This helps us to improve the way our website works, for example by making sure users are finding what they need easily. It does not collect or store your personal information (like your name or address). 

Details can be found on: 

https://developers.googl e.com/analytics/devguid es/collection/analyticsjs/ cookie-usage 

Google Analytics Throttling Cookie 

This Cookie is used to throttle the request rate. It helps Google track and prevent excessive usage by limiting the number of 

 
 

times each user can send data to Google Analytics. It expires in 1 minute. 

 

Wordfence Authorisation Cookie 

This Cookie is only set for users that log in to the website. It is used to authenticate users login request and expires in 1 day. 

Details can be found on: 

www.wordfence.com 

Wordfence Login Alert Cookie 

This Cookie is only set for users that log in to the website. It is used to notify the website admin when an administrator logs in from a new device or location. It expires in 1 day. 

 

WordPress (CMS) User Authentication Cookies 

This Cookie is only set for users that log in to the website. It is used to store your authentication details and to indicate when you are logged in and who you are. This Cookie expires in 2 days. 

Details can be found on: 

www.wordpress.org 

WordPress (CMS) Cookie Permission Check 

This Cookie is set for users that log into the website. It is used when a user navigates to the login page to check whether the user’s web browser is set to allow or reject cookies.It is a session cookie, so it is discarded when you close your browser. 

 

WordPress (CMS) Dashboard Settings Cookie 

This Cookie is only set for users that log in to the website. It is used to customise a user’s view of admin interface when they login. It expires in 1 year. 

 

WordPress (CMS) Comment Author Details Cookies 

If you leave a comment on the website, you may opt-in to save your name, email address and website with these Cookies (so you do not have to fill in your details again when you leave another comment). It expires in 1 year. 

 

Retargeting Customers 

This is a Cookie for retargeting a user via advertising on third party websites. 

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Call Tracking Metrics (CTMI) 

This Cookie is used to link a user’s call to the marketing channel that they originated from. It expires in 60 days. 

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Third Parties 

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. 

To control third-party cookies, you can adjust your browser settings. You can find out how to manage cookies on popular browsers nu clicking the links below: 

 

How to change your cookie settings 

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. 

To opt out of being tracked by Google Analytics across all websites, please visit: 

·https://tools.google.com/dlpage/gaoptout 

 

We use telephone tracking numbers to link a user’s call to the marketing channel that they originated from. This is done using cookies, you can choose to decline cookies using your browser settings if you would prefer not to be tracked. We may record calls for training or monitoring purposes.