Fish!

What is this notice for?

This notice explains what we do with your personal data and the steps we take to keep it secure. It explains when and how we collect personal data, who we share it with, how we process it and what your rights are in respect of the personal data processing we carry out.

Who are we?

Fish! Kitchen Limited is a company that owns and operates restaurants and a fishmongers selling food and drink to the public. Our registered office address is at Charles House, 5-11 Regent Street, London, SW1Y 4LR. Fish! Kitchen Ltd is the data controller and our Data Protection Officer can be contacted by email: [email protected]. Out ICO registration number is ZA383591 16 or Under We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with personal information.

Information we may collect from you

We may collect and process the following data about you:

1. Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our Site.
2. If you contact us, we may keep a record of that correspondence.
3. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
4. Details of transactions you carry out through our Site and of the fulfilment of your orders.
5. Details of your visits to our Site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

How We Keep Your Personal Data Secure

We take the security of your personal data very seriously and have in place appropriate security measures at all times, including where we share your information with our suppliers and partners, to protect your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We have also 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. Please take care of your own information. For security tips and tricks when using the internet, Wi-Fi and smartphones or tablets, please visit www.getsafeonline.org.

How long do we keep your personal data?

We store personal data for as long as we find it necessary to fulfill the purpose for which the personal data was collected, while also considering our need to answer your queries or resolve possible problems, to comply with legal requirements under applicable laws, to attend to any legal claims/complaints, and for safeguarding purposes. This means that we may retain your personal data for a reasonable period of time after your last interaction with us. When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may process data for statistical purposes, but in such cases, data will be anonymized.

Where we store your personal data

When we use your information as described in this Privacy Policy, this may occasionally involve sending your information around the world (and in particular where you are located within the European Economic Area (EEA), this includes sending it outside the EEA). By providing us with your personal information, you agree that we may transfer, store and process your information in this manner. Unfortunately, the transmission of information via the internet is not completely secure. Although we employ security measures designed to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

IP addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

Cookies

Our Site 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. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

Uses made of the information

We use information held about you in the following ways:

1. To ensure that content from our Site is presented in the most effective manner for you and for your computer.
2. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
3. To carry out our obligations arising from any contracts entered into between you and us.
4. To allow you to participate in interactive features of our service, when you choose to do so.
5. To notify you about changes to our service.

Disclosure of your information We may disclose your personal information to:

1. any member of our Group of Companies (our subsidiaries, our ultimate holding company and its subsidiaries);
2. data processing companies, mailing houses and other third parties working on our behalf (whether directly or indirectly), see below.

2.1 MailChimp We use a third-party provider, MailChimp, to deliver our newsletter. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our e-newsletter. For more information, please see MailChimp’s privacy notice (https://mailchimp.com/legal/privacy/). You can unsubscribe to general mailings at any time of the day or night by clicking the unsubscribe link at the bottom of any of our emails or by emailing our data protection officer [email protected]. 2.2 OpenTable We use Opentable service to reserve a table for you. OpenTable privacy policy can be accessed here https://www.opentable.com/legal/privacy-policy 2.3 Facebook, Instagram, Twitter Facebook, Instagram, and Twitter are social networks. Integration of social network components allows them to track which page on our site you are accessing, but only if you are logged in to their account. If you do not wish this, please log out of your social network accounts before browsing the web. Facebook privacy policy can be accessed here – https://facebook.com/about/privacy/. Instagram privacy policy can be accessed here –  https://www.instagram.com/about/legal/privacy/. Twitter privacy policy can be accessed here – https://twitter.com/privacy?lang=en. We may disclose your personal information to third parties:

1. In the event that we sell or buy any business, assets or shares, in which case we may disclose your personal data to the prospective seller or buyer of such business, assets or shares.
2. 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 our terms and conditions; or to protect our rights, property, or safety, or those of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
3. Every now and again, requests are received for information from government departments, the police and other enforcement agencies. If this happens, and there is a proper legal basis for providing your information, it will be provided to the organisation asking for it.

Access to information

Data Protection legislation gives you the right to access information held about you. Your right of access can be exercised in accordance with the law. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy

This Privacy Policy may be updated from time to time so you may want to check it each time you visit our Site.

Contact

Please contact us using the details shown on our Site if you have any questions, comments or requests regarding this Privacy Policy.

Your rights

In certain circumstances, you may have the right to request access, transfer, rectification and/or erasure of the personal data that we process about you. You may also have the right to object to and/or restrict our processing of your personal data. Details of the rights are set out below.

• Human intervention: you may request human intervention where a decision has been made about you based solely on automated processing, and/or you may challenge that decision (this may happen in the context of our recruitment process where we collect information relating to whether or not a candidate has unspent criminal convictions).
• Access: you may request access to your personal data, which enables you to receive a copy of the personal data that we hold about you and to check to see if we are processing it lawfully.
• Transfer: you may request that we transfer your personal data to you or 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. Please 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.
• Rectification: you may request rectification 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.
• Erasure: you may request erasure of the personal data that we hold about you. 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: you may object to how we are processing 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 overrides your rights and freedoms.
• Restriction: you may request that we restrict how we process your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Withdrawal of Consent: where we have relied on your consent to process your personal data you will have the right to withdraw your consent at any time. 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.

What are cookies:

We and our business partners collect information about your use of our website through cookies. Cookies are information files stored on your computer, tablet or smartphone that help websites remember who you are and information about your visit. Cookies can help to display the information on a website in a way that matches your interests. Most major websites use cookies.

What cookies are used on this Website?

The cookies we and our business partners use on this website are broadly grouped into the following categories:

Essential – Some of the cookies on our website are essential for us to be able to provide you with a service you have requested. An example of this would be a cookie used to enable you to log into your account on the website or which allows communication between your browser and the website. Our cookie preference cookie described in the section “How can I reject or opt out of receiving cookies?” is also an essential cookie. You may not be able to use our website without these cookies.

Analytics – We use analytics cookies to helps us understand how users engage with our website. An example is counting the number of different people coming to our website or using a particular feature, rather than the total number of times the site or feature is used. Without this cookie, if you visited the website once each week for three weeks we would count you as three separate users. We would find it difficult to analyse how well our website was performing and improve it without these cookies.

User Cookies – We use cookies to improve your experience by remembering your preferences so we know how you like to use our website. Examples of this would be remembering you so that you are served with the same content or to remember you when you come back to the site.

Social Sharing – We use third party cookies to allow you to share content directly on the social networking/sharing sites like Facebook, Twitter or Google+. Examples would be if you wanted to “like” or “tweet” about us or our products or services. Please see our “Third Party Cookies” section below for more details.

Interest-Based Advertising – You will have noticed that when you visit websites you will be shown adverts for products and services you may wish to buy. The money made by website owners for showing third party adverts on their websites often pays for the cost of running the website and therefore usually allows you to use the website without having to pay a registration or usage fee. To try and ensure that the adverts you see are relevant to you third party cookies may be used to collect information about the types of things that interest you, for example websites you visit and the geography that you are based in. Having these cookies does not increase the number of adverts you will be shown, but simply makes the adverts you see more relevant. Please see our “Third Party Cookies” section below for more details.

How can I reject or opt out of receiving cookies? If you do not wish cookies to be stored on your machine, you can do the following:

1. delete the cookies from your browser. Most browsers also allow you to prevent all or some cookies being stored on your machine in the future. For more information on how to delete or disable cookies from your browser please use the “help” function within your browser or alternatively visit http://www.allaboutcookies.org/; and/or
2. please note that we can’t always control third party cookies stored on your machine from our website and where this is the case you will need to visit the relevant third party’s website directly to manage cookies stored on your machine by them. Please see our “Third Party Cookies” section below.

Please be aware that disabling cookies may impact the functionality of this website. Third party cookies: Some of the cookies described in the “What Cookies are used on this Website” section above are stored on your machine by third parties when you use our website. Third parties may also read cookies on your browser to collect information or to serve content or advertisements to you. We have no control over these cookies or how the third parties use them. They are used to allow that third party to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see:

1. Internet Advertising Bureau website at http://www.youronlinechoices.com/ where you will be able to opt-out of receiving Interest-Based Advertising cookies from some of the third parties listed below; and/or
2. the third party’s individual privacy policy listed below:

Third Party: Zendesk

Type of cookies: Essential – Zendesk use cookies to allow you to visit the support pages. More information and how to opt-out: http://www.zendesk.com/company/privacy

Third Party: Google

Type of cookies: Analytics – Google provide anonymised data about the visits made to our website. User – Google use cookies to help protect your privacy and help ensure your browsing activities remain safe. Social Sharing – Google also store cookies which allow the “Google +” social sharing functionality. Interest-Based Advertising – Google tools may also collect data for the purpose of interest-based advertising. More information and how to opt-out: http://www.google.co.uk/intl/en/policies/privacy

Third Party: Facebook

Type of cookies: Social Sharing – Facebook store cookies which allow the Facebook “Like” social sharing functionality but only if you click on the Facebook “Like” button on our website or log in using your Facebook account. More information and how to opt-out: http://www.facebook.com/about/privacy

Third Party: Twitter

Type of cookies: Social Sharing – Twitter also store cookies which allow their social sharing functionality including the “Tweet” function and to generate usage information during your visit to our website. More information and how to opt-out: http://twitter.com/privacy

Third Party: iPromote

Type of cookies: Interest-Based Advertising – iPromote cookies also collect data for the purpose of interest-based advertising. More information and how to opt-out: http://www.ipromote.com/privacy-policy/ If you want to know more about how cookies work and how to manage or delete them, visit the World Wide Web Consortium’s website: http://www.w3.org/Security/Faq/wwwsf2.html#CLT-Q10. We may update this policy from time to time so you may want to check it each time you visit our website.

Conditions of using our website

1. This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.
2. A wide range of intellectual property rights are used in and relating to this website, including:
   1. our the trade marks and logos;
   2. the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
   3. all the software used in relation to this website.
3. We are the owner or the authorised licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.

About these conditions

4. If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.
5. We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.

Using this website

6. We collect and use information in line with our Privacy Policy . By using this website, you agree to the way in which we collect and use your information.
7. You cannot use this website:
   1. for any unlawful purpose;
   2. to send spam;
   3. to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
   4. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
   5. to tamper with, update or change any part of the website;
   6. in a way that affects how it is run;
   7. in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
   8. using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

If you provide content for this website

8. If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”). You agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.
9. You own your User Content at all times, and you continue to have the right to use it in any way you choose.
10. By providing any User Content to the Website you confirm that your User Content:
    1. is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
    2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
    3. does not take away or affect any other person’s privacy rights, contract rights or any other rights;
    4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
    5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
    6. will not contain any form of mass-mailing or spam.
11. If you do not want to grant us the permissions set out above, please do not provide any material to the Website
12. We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.
13. We do not edit, pre-vet or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

Disclaimers

14. You use the website at your own risk.
15. You should not rely on the website for advice.
16. As far as the relevant laws allow, we do not guarantee that:
    1. there will be no problems with how you use the website; or
    2. the computer or server you use to log on to the website is free of viruses or other harmful programs.

Limits to our liability

17. There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
18. Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable for any loss of:
    1. profits;
    2. business or business opportunities;
    3. savings you expect to make;
    4. goodwill;
    5. use of, or corruption to information; or
    6. information.
19. If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
    1. using or relying on the website;
    2. not being able to use the website;
    3. any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
    4. theft, destruction of information or someone getting access to our records, programs or services without our permission;
    5. goods, products, services or information received through or advertised on any website which we link to from this website; or
    6. any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.

The whole agreement

20. These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

The law

21. If we are a company based in the United States: The laws of the state of New York (without reference to its conflict of laws principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of the state of New York, by using the website you agree that the laws of the state of New York will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/or state that you live in.
22. If we are a company based in the United Kingdom: The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country you live in.

Your right to complain with a supervisory authority

If you are unhappy with  the way in which your personal data has been processed, you may, in the first instance, contact [email protected]. If you remain dissatisfied, then you have the right to apply directly to your national supervisory authority for a decision. The supervisory authorities can be contacted at: https://ico.org.uk/concerns/

Privacy Notice updated 22^nd May 2018