We are Nethergate, but also so much more.
Nethergate, Nethergate Brewery, Nethergate Distillery and DrinkSmile are owned by Nethergate Brewery Co Ltd, a private limited company registered in England (Company No. 08983113). If you want, you can find us at our registered office, Nethergate Brewery Co Ltd, Rodbridge Corner, Long Melford, Sudbury, Suffolk, England, CO10 9HJ.
Some common questions are…
What types of personal data does Nethergate collect?
How does Nethergate collect personal data?
For what purposes does Nethergate collect personal data and do they use it to inform improvements to their products and services?
In which circumstances will Nethergate share data with other organisations?
Where is my personal data stored?
How long is my data kept and, how do I manage my data?
- Your name, age and date of birth;
- Your contact details, including billing and delivery addresses, contact telephone numbers and email address;
- Details about payments to and from you, and other details of purchases, such as orders made by you, your purchase history, and any vouchers or discount codes submitted by you for the purchase of Nethergate products.
We do not store payment card specifics such as security codes. All Nethergate online payments are securely processed by our payment partner, Stripe.
- Details of any event or experience bookings you have made, including details you have provided or we may have collected from you in connection with your attendance at any events or experiences we have arranged with you (such as any accessibility or dietary requirements or other interests related to the event or experience);
- Your 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 the website (Technical Data);
- Information about how you use our website, products and services (Usage Data);•Your correspondence and communications with Nethergate;
- Personal data, which you have maybe shared via a public platform (such as on Nethergate Brewery and Nethergate Distillery’s Facebook or Instagram feed);
- Your preferences in receiving marketing from us and our third parties and your communication preferences;
- Information which may be collected or generated by our customer engagement personnel and/or representatives, or when you participate in an online experience, such as:◦preferences regarding our products and offerings including any “wish list” items regarding preferred Nethergate products and experiences and how you share your experiences and passion for Nethergate with others;
- lifestyle preferences and interests such as preferred travel destinations, preferred restaurants / cuisines and drink preferences / collection;◦social indicators such as your profession and connections;
- engagement data such as when you open or click on our emails, how long you have been a consumer of Nethergate, and how you interact with our personnel /representatives;
- communication channel preferences (e.g. social media handles and app-based messaging) such as LinkedIn, Facebook, Twitter, WeChat and WhatsApp;
- Information about any experiences, gifts, special invitations or benefits made available to you;
- Your feedback and survey responses;
- Newsletter Subscriptions. When you subscribe to our newsletter, we will collect the personal data nesscarly to provide that service, such as name and email.
- When you create or approve a customer account on our website or participate in one of our online experiences;
- You make an online purchase or place an order online for a Nethergate product or merchandise;
- When you attend one of our events, visit one of our sites (e.g. our brewery) or you avail of one of our experiences (e.g. Gin tastings, dinning and food, and other bespoke or exclusive experiences);
- When you interact with one of our Private Client Relationship Managers (PCRMs), brand ambassadors or other representatives;
- When you communicate with us through telephone, text messaging, or other app-based or social media direct messaging;
- When you provide your information to us at one of our boutiques or retail outlets such as at airports; and
- When you contact us, for whatever reason.
- Automated technologies or interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We may also gather statistical information on emails sent to you (e.g. opens, clicks, delivery rates, unsubscribes and forwards). This helps us to assess and improve email performance and our engagement with you. We collect this personal data by using cookies, pixels and other similar technologies. Please see our Cookies Policy for further details.
- Third party sources of information: We may obtain information about you from following third party sources:
- Where you interact with a third party acting on our behalf (e.g. a representative of one of our distributors or joint venture partners);
- Our professional advisors (e.g. lawyers, accountants and bankers); and
- Publicly available sources (e.g. how you share your experiences and passion for Nethergate with other on social media).
- Technical Data: We also collect Technical Data from the following third parties:
- Analytics providers (such as Google based outside the UK and/or EU);
- Advertising networks; and
- Search information providers
HOW DO WE USE YOUR PERSONAL DATA?
Nethergate (and trusted partners and service providers acting on our behalf) use your personal data:
- to provide you with information, products or services that you request from us, or which we feel may interest you. This is only done when you’ve given your consent to be contacted by us, or where we are permitted to contact you in accordance with law (such as where you have not opted-out of receiving such information from us at the time of making a purchase from us);
- We may send you personalised communications based on your preferences, and engagement with Nethergate’s products, services or experiences;
- To verify your identity and your age;
- For crime and fraud prevention, detection and related purposes;
- To enable Nethergate to manage any customer service interactions with you;
- To ensure that our web content is presented in the most efficient way for you and your computer;
- To allow you to participate in interactive features on our website, when you choose to do so; and
- Where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute).
What Is Our Legal Reason For Holding Your Personal Data?
Data Protection Laws require us to state our legal reason for processing your personal data. We rely on your consent to send you marketing communications about Nethergate and it’s brands. You can withdraw your consent to receive these communications at any time by using the unsubscribe button included in the communications we send you, or by contacting us.
Nethergate also collects and uses your personal data because it is necessary for:
- the pursuit of our legitimate interests (as set out below);
- the purposes of complying with our duties and exercising our rights under a contract for the sale of goods to a consumer; or
- complying with our legal and regulatory obligations.
UNDERSTANDING OUR CONSUMERS BETTER
Nethergate will also use the personal data that we receive or collect about certain of our consumers to understand our customer profile better and to engage with our consumers more effectively. This will involve using this personal data to consider our consumer’s preferences, characteristics, interests and activities, purchase habits and engagement with Nethergate brand and products. In identifying this information we will use it to better understand the habits, preferences and profiles of our most valued consumers and to identify categories of valued consumers that we can better engage with and better tailor their experience of the Nethergate product and brands. Based on this better understanding of our most valued consumers, Nethergate will determine how we can improve the products, services and experiences it makes available to its consumers, how we can improve our interactions and engagement with consumers, and to assess eligibility of our most valued consumers for special invitations, experiences, and other benefits. This processing may continue so long as you have a relationship with Nethergate. This means that the way in which we provide products and services to you, interact and engage with you, or provide any special invitations, experiences and benefits to you, may change over the course of our relationship with you. You can ask us at any time to stop sending you marketing communications, or using your personal data for marketing purposes (including profiling) at any time. Please see the section below entitled “What are your rights?” for further details.
WHAT IS OUR LEGAL REASON FOR HOLDING YOUR PERSONAL DATA?
Data Protection Laws require us to state our legal reason for processing your personal data. We rely on your consent to send you marketing communications (unless applicable law allows us to contact you without obtaining your consent). Where applicable, you can withdraw your consent to, or opt-out of, receiving these communications at any time by using the unsubscribe button included in the communications we send you, by contacting Nethergate representative that you provided your consent to, or by contacting us.
Nethergate also collects and uses your personal data because it is necessary for:•the pursuit of our legitimate interests (as set out below);
- the purposes of complying with our duties and exercising our rights under a contract for the sale of goods or services to a consumer; or
- complying with our legal and regulatory obligations.
OUR LEGITIMATE INTERESTS
The normal legal basis for processing consumer data, is that it is necessary for the legitimate interests of Nethergate, including:
- selling and supplying goods and services to our consumers;
- protecting consumers, employees and other individuals and maintaining their safety, health and welfare;
- promoting, marketing and advertising our products, services, events, experiences and brand partnerships;
- understanding our consumers’ behaviour, activities, preferences, and needs, including through the use of profiling;
- improving existing products and developing new products;
- providing experiences, special invitations and other benefits to our most-valued consumers;
- handling consumer contacts, queries, complaints, or disputes; and
- preventing, investigating and detecting crime, fraud, or anti-social behaviour and prosecuting offenders.
WHAT ARE YOUR RIGHTS?
You have a number of rights under the Data Protection Laws in relation to the way we process your personal data, namely:
- to access your 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.;
- to have your data rectified if it is inaccurate or incomplete – 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;
- in certain circumstances, to have your data deleted or removed – 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. Please 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.;
- in certain circumstances, to restrict the processing of your 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 don’t 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 (see below) but we need to verify whether we have overriding legitimate grounds to use it;
- a right of data portability, namely to obtain and reuse your data for your own purposes across different services. 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 information which you initially provided consent for us to use or where we used the information to perform a contract with you;
- to object to the processing of your 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;•not to be subject to automated decision-making (including profiling), where it produces a legal effect or a similarly significant effect on you;
- the right to withdraw your 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 and
- to claim compensation for damages caused by a breach of the Data Protection Laws.If you wish to exercise any of these rights, please contact us, or the Nethergate representative with whom you normally deal.
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
To effectively fulfil our obligations to you, and to provide you with marketing and certain experiences, special invitations and benefits, we use a number of trusted and reliable third parties to carry out functions which involve the processing of your personal data. These include:
- vendors who will process your personal data on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, financial institutions, customer relationship management vendors, marketing service providers, and other cloud-based solutions providers that are used by Nethergate in the conduct of its business. We contract with such vendors to ensure that they only process your personal data under our instructions and ensure the security and confidentiality of your personal data by implementing the appropriate technical and organisational measures for such processing;
- vendors that process your personal data in order to assist us to better understand our consumers and how we can improve our consumer engagement, such as JetPack, WooCommerce, and Facebook;
- when you order products or services from our online shop, we will share your details with our fulfilment partners (currently Dry Drinker and APC Shipping), who will process your orders as set out in our Terms and Conditions;
- marketing service providers that administer services on our behalf, such as sending communications to our consumers, administering any promotions or ballots which we run; and
- translation service providers that administer services on our behalf, such as translating communications received and sent in different languages;
- other agencies and fulfilment partners to administer events, competitions. experiences, brand programmes and other special invitations and benefits. We may provide information to others (such as governmental or law enforcement agencies) in the good faith belief that such action is necessary to:
- (i) enforce or apply our Terms and Conditions;
- (ii) comply with any legal claims raised against Nethergate or any of its brands;
- (iii) protect the rights, property or safety of Nethergate;
- or (iv) protect the rights, property or safety of the public.If Nethergate becomes involved in a merger, acquisition, bankruptcy, or other transaction involving the sale of some or all of our business or assets, user information, including personal data collected from you through your use of our website, could be included in the transferred business or assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on our website.
WHERE WE STORE YOUR PERSONAL DATA
We may transfer your personal data outside the United Kingdom and/or EEA. This is primarily to allow us to:
- receive consultancy, marketing and IT services (e.g. cloud storage services, database development and management services, email/webmail services and customer relationship management services) from vendors located in non-UK/EEA jurisdictions, such as the US, South Africa and Australia; and
- provide special invitations, products, services, experiences and other benefits to you, from Nethergate and its associated brands, or selected third party distributors or joint venture partners. Where your personal data is transferred outside of the UK and/or EEA, we will ensure your personal data is afforded an adequate level of data protections (as required by data protection laws), including:
- by transferring the data to a country that the UK authorities or European Commission have deemed as providing an adequate level of data protection (an “adequacy decision”);
- by implementing an appropriate international transfer mechanism under data protection law, such as standard contractual clauses approved for this purpose by the UK authorities or European Commission;
- by relying on a “transfer derogation” under data protection law (e.g. where the transfer is based on your explicit consent, or is necessary to perform a contract with you); or
- where we are otherwise permitted to make the transfer under data protection law. Please contact us if you would like further information on the specific mechanism used by us when transferring your personal data out of the UK and/or EEA.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
- Account management
- Prevention, detection, investigation and prosecution of fraud;
- Complaint handling and resolution;
- Measuring the quality of the call;
- Internal training on call handling.
We have a legitimate interest in retaining calls and live chats in order to offer our consumers a good service and to protect our business. If you object to the call recording, you may choose to end the call when you are informed that calls may be recorded. If you use our live chat function to get in touch with us, you will be informed that we will keep a record of the discussion at the start of the chat and you will be able to end the chat at any time. You will have the option to contact us through alternative means. All calls and live chat records will be retained for a period of one year.
HOW DO WE PROTECT YOUR PERSONAL DATA?
Nethergate is committed to keeping your personal data safe and secure. To prevent unauthorised access, maintain data accuracy and ensure the correct usage of personal data, we monitor and adjust our physical, electronic and managerial procedures to safeguard and secure the personal data we collect online.
If you have any questions or concerns about the way in which your Personal Data is processed, please contact us.
You have the right to complain about data protection matters to the Information Commissioner’s Office (ICO).The ICO is the UK’s independent body set up to uphold information rights. You can find out more about the ICO on its website (https://ico.org.uk/). The ICO can be contacted by calling 0303 123 1113.You can also lodge a complaint with a data protection regulator in the EEA member state in which you are based. We would however appreciate the chance to discuss and work with you to address your concerns before you approach the ICO or another regulator, so please contact us in the first instance.