Website Privacy and Cookies Policy

1.1. Outdone Gardens Limited (“Company”, “we”, “our” or “us”) is committed to respecting the privacy of every individual who shares their information or data with us through our website. Your privacy is important to us, and we take all necessary measures to ensure that your information is handled securely and by applicable laws.

1.2. This privacy policy (“Policy”) explains how we collect, use, share and protect Personal Data (as defined below) about the users of the services (jointly and severally referred to as “you” or “User” or “Users” in this Policy). We are fully committed to the protection of your privacy and your Personal Data as available with us at www.outdone.co.uk (“Website”). Your use of and access to the services is subject to this Policy and our Terms (as defined below). Any capitalized term used but not defined in this Policy shall have the meaning attributed to it in our Terms of Use.

1.3. By confirming that you are bound by this Policy, and by using our services or by otherwise giving us your information, you agree to the practices and policies outlined in this Policy together with our terms and conditions (our “Terms”) and you hereby consent to our collection, use and sharing of your information as described in this Policy. We reserve the right to change, modify, add or delete portions of the terms of this Policy, at our sole discretion, at any time. If you do not agree with this Policy at any time, do not use any of our services or give us any of your information. If you use our services on behalf of someone else (such as your child) or an entity, you represent that you are authorised by such individual or entity to accept this Policy on such individual’s or entity’s behalf.

1.4. We may update this Policy from time to time, and any revised version will apply to the Website and our services from its date of publication. You must check this page regularly to check for any updates.

2.1. We are a limited company registered in England and Wales, under company number 16986586 having a registered office at Tey Gardens, Church Lane, Little Tey, Colchester, CO6 1HX.

2.2. This Policy applies where we are acting as a data controller with respect to the Personal Data of such persons; in other words, where we determine the purposes and means of the processing of that Personal Data.

2.3. You can contact us in relation to data protection matters at: privacy@outdone.co.uk or by telephone 0345 241 5994. You should email this address if you wish to exercise any of your legal rights with respect to your data or you have any questions regarding how we process your data.

3.1. We consider Personal Data to be any information that identifies you as an individual person (“Personal Data”). We do not consider information to be Personal Data where your identity has been irretrievably removed or where the information has been anonymous so that you cannot be identified (“Anonymized Data”).

3.2. We may collect the following types of information:

• User profile information, such as username, password, site and purchase history and your marketing preferences.
• Basic information that you provide to us by filling in forms on the Website (such as the “Contact Us” page) or by dealing with us or our representatives by telephone, e-mail, in person or otherwise, such as name, gender, date of birth, and marital status.
• Contact information, such as email address, telephone number and shipping addresses.
• Data about your use of our Website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and Website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.
• Information contained in or relating to any communication that you send to us or that we send to you. The communication data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms.

3.3. We collect this data as you:

• use our Website and its associated features;
• use our services and buy our products;
• request to receive marketing communications from us; and
• contact, communicate or otherwise correspond with us.

3.4. We do not collect any special categories of Personal Data about you. This includes information relating to your religious and philosophical beliefs, race and ethnicity, sex life, health information, sexual orientation, genetic and biometric data, political opinions and information about trade union membership. You should not provide us with any such information.

3.5. We may also receive personal information about you from third parties, including analytics providers (such as Google and Facebook), search engines (such as Google and Bing) and advertising partners.

4.1. By using our Website and/ or our services, and by providing your Personal Data, you consent to the collection, storage, processing, disclosure, and transfer of your Personal Data under this Policy and any amendments thereof.

4.2. All the information provided to us by a User, including sensitive personal information, is voluntary. You understand that we may use certain information of yours for the purpose of: (a) providing you our Services; (b) for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes; and (c) for transfer of such research, statistical or intelligence data in an aggregated or non- personally identifiable form.

5.1. In this Section 5, we have set out the purposes for which we may process Personal Data and the legal bases of the processing (“Purpose”).

5.2. Operations - We may process your Personal Data for the purposes of operating our Website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website, services and business.

5.3. Publications - We may process Personal Data for the purposes of publishing such data on our Website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is our legitimate interests, namely the publication of content in the ordinary course of our operations.

5.4. Relationships and communications - We may process your Personal Data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our Website visitors, service users, individual customers and customer personnel, the maintenance of relationships, and the proper administration of our Website, services and business.

5.5. Direct marketing - We may process your Personal Data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is our legitimate interests, namely promoting our business and communicating marketing messages and offers to our Website visitors and service users.

5.6. Research and analysis - We may process usage data and/or transaction data for the purposes of researching and analysing the use of our Website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is our legitimate interests, namely monitoring, supporting, improving and securing our Website, services and business generally.

5.7. Record keeping - We may process your Personal Data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this Policy.

5.8. Security - We may process your Personal Data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our Website, services and business, and the protection of others.

5.9. Insurance and risk management - We may process your Personal Data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

5.10. Legal claims - We may process your Personal Data where necessary for [the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out- of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

5.11. Legal compliance and vital interests - We may also process your Personal Data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

5.12. You may receive promotional communications from us where it is legally permissible for us to do so. Whenever we send you marketing communication, you will have the option to unsubscribe at any moment either by following the opt-out instructions provided within such marketing communications or by contacting us directly at enquiries@outdone.co.uk to express your preferences. We will not sell your Personal Data to third parties without your consent.

6.1. We will keep your Personal Data for as long as we have a commercial relationship with you or to comply with our legal obligations and any contractual obligations we might be subject to. After this period, we will delete your Personal Data in a safe and secure manner. Your Personal Data is held within the UK on our servers or secure servers of third-party service providers, regardless of the location in which the data was collected. Where relevant, our parent company and other companies in our group may also have access to the data we store.

6.2. We may retain your Personal Data for a longer period where you have provided consent for such processing, unless such consent is withdrawn.

6.3. Subject to applicable laws, the Company may create aggregated, redacted, or Anonymized Data from Personal Data. Anonymized Data shall be considered the Company’s data. We may use such Anonymized Data for any legitimate business purpose, including for analytical purposes, to improve its products and services, and to create and distribute reports or other materials.

7.1. The Website uses cookies (a cookie is a piece of software that is stored on your computer or device by your web browser which allows the Website to remember your preferences). Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent automatic acceptance. If you chose not to accept cookies, you will still be able to use most of the features on our Website. However, if you do experience any problems or have any questions then please contact us at enquiries@outdone.co.uk.

7.2. We use cookies to, amongst other things, review how you use the Website and to see how you browse its pages. This information allows us to improve and maintain the Website and our service to you.

7.3. We use various types of cookies on our Website, each serving a specific purpose:

• Strictly Necessary Cookies: These are essential for the operation of our Website, enabling fundamental features like logging in or utilizing shopping cart functionalities.
• Preference Cookies: These cookies help us recognize you on subsequent visits to our Website, enhancing your experience by remembering your preferences. They enable features such as keeping you logged in and tailoring our site's content to suit your needs more closely.
• Analytical Cookies: We deploy these cookies to understand how visitors interact with our Website, such as which pages are most frequently visited and the sequence of those visits. This information assists us in improving our Website's structure and content.
• Targeting Cookies: These cookies track your usage of our Website, including the pages you view and the links you click. This data helps us make the advertisements you see more relevant to your interests. Additionally, we may occasionally share this information with third parties for further targeted advertising purposes

7.4. You have the option to disable cookies through your browser's settings, but we advise against doing so. Turning off cookies can result in a less optimal browsing experience and may prevent our Website from functioning as intended.

7.5. For more detailed information about cookies, including guidance on how to block them, you can visit the ICO Website at this link: https://ico.org.uk/global/cookies/. This resource provides comprehensive insights into cookies and how to manage your preferences regarding their use

7.6. For detailed information on the cookies we use and the purposes for which we use them, please see our Cookies Policy at https://ico.org.uk/global/cookies/.

8.1. Our Website may include third party links (for instance social media sites). Clicking on these links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party links and are not responsible for their privacy statements or for what happens to you after you leave this Website. We encourage you to review the relevant terms and privacy policies, and cookie policies of those third-party websites or service you access to understand how your information will be handled.

8.2. We may also engage third-party service providers to perform certain functions in connection with the operation of the Website or the provision of our services. In doing so, we may share your Personal Data with such third parties where necessary for the purposes of providing our service. Whenever such sharing occurs, we ensure that such third parties process personal data only in accordance with our instructions and implement appropriate security measures to protect such data.

9.1. We take the security of your Personal Data seriously and implement appropriate technical safeguards, as required under applicable data protection laws, to protect it against loss, accidental deletion, alteration, or unauthorized access, or disclosure, including:

• Access Controls: Restricted access limited to authorized personnel with a need-to-know basis.
• Confidentiality Agreements: Staff handling Personal Data are required to sign confidentiality agreements.
• Regular Audits: Periodic security audits to ensure compliance with privacy standards.

10.1. Some of the third-party service provider we engage may be located outside the UK, which means there may be occasions when your Personal Data needs to be transferred internationally. Whenever such transfers occur, we commit to ensuring that they are carried out in accordance with applicable data protection laws and that appropriate safeguards are in place, such as the use of standard contractual clauses or other legally recognised transfer mechanisms. We will also implement appropriate technical and contractual measures to safeguard your Personal Data during these transfers.

11.1. In this Section 11, we have listed the rights that you have under data protection law:

11.2. Your principal rights under data protection law are:

• Right to Access: You have the right to request access to the Personal Data we hold about you and to obtain copy of such data.
• Right to Rectification: If any Personal Data we hold about you is inaccurate or incomplete, you have the right to have it corrected.
• Right to Erasure: Under certain conditions, you have the right to request the deletion of your Personal Data from our records.
• Right to Restriction of Processing: You have the right to request that we restrict the processing of your Personal Data in certain circumstances.
• Right to Data Portability: You can request the transfer of your Personal Data to another organization or to you, in a structured, commonly used, and machine-readable format, in certain circumstances.
• Right to Object: You have the right to object to the processing of your Personal Data in certain circumstances, including where such Personal Data is processed for direct marketing purposes.
• Right to Withdraw Consent: Where we rely on your consent to process your Personal Data, you have the right to withdraw such consent at any time. Withdrawal of consent will not affect the lawfulness of processing carried out before the withdrawal.
• Rights Related to Automated Decision Making and Profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, unless such processing: (i) is necessary for entering into, or performing, a contract between you and us; (ii) is authorised by applicable law to which we are subject; or (iii) is based on your explicit consent In such cases, you have the right to request human intervention, express your point of view, and contest the decision.

11.3. Please note that, subjected to applicable laws, these rights may be limited in certain circumstances, including where fulfilling your request would disclose Personal Data relating to another person, or where we are required by law to retain certain data or have legitimate grounds to retain it.

11.4. You can find more about these rights on the ICO’s website available at www.ico.org.uk (the “ICO Website”).

11.5. If you wish to exercise any of your data protection rights, please contact us at enquiries@outdone.co.uk. While we may impose a fee for the exercise of these rights where legally permissible and justified, be assured that any such fee will be reasonable. Additionally, we may request proof of your identity to confirm your request. This verification step is mandatory when you seek to exercise your right to access your Personal Data or your right to data portability, ensuring the security and proper handling of your information.

You shall be liable to ensure that the information that you share with us are relevant to the Purpose for which it is to be used, and, to the extent necessary for that Purpose, should be accurate, complete, and up to date. in addition to this, you shall be made liable for the accuracy of your information shared with us by you or your authorized person(s).

13.1. You possess the right to lodge a complaint regarding our data processing practices directly with the ICO. However, we kindly request that you first reach out to us with any concerns by emailing enquiries@outdone.co.uk. This initial step allows us the opportunity to address and resolve your issue promptly.

13.2. For additional information on how to file a complaint against us with the ICO, please visit the ICO Website. This resource provides comprehensive guidance on the complaint process.

14.1. We shall not be liable under any circumstances for any indirect, special, consequential, or incidental loss, exemplary or other such damages, including, without limitation, damages arising out of or relating to breach, misuse, or corruption of data/Personal Data shared by you.

14.2. Unless prohibited under the applicable laws, the maximum aggregate liability of us for all claims arising out of or in connection with the services shall not exceed the amount paid by the you to the Company during two (2) months period immediately preceding the incident (or the first incident in a series) giving rise to any claim for damages.

15.1. We may update this Policy from time to time by publishing a new version on our Website.

15.2. You should check this page occasionally to ensure you are happy with any changes to this Policy.

15.3. We may notify you of significant changes to this Policy by email.

16.1. Our representative within the EU with respect to our obligations under data protection law is Nick Sharpe and you can contact our representative by emailing privacy@outdone.co.uk.

16.2. Our data protection officer's contact details are: By email privacy@outdone.co.uk, by phone 0345 241 5994.