Introduction

Welcome to the Berrymakers Website Privacy Policy.

Hall Hunter Partnership (Farming) trading as Berrymakers (referred to as "Berrymakers", "we", "us" or "our" in this Privacy Policy), respects your privacy and is 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 at www.berrymakers.co.uk (“our website”), regardless of where you visit it from, and will inform you about your privacy rights and how the law protects you.

1. Important information and who we are

Controller

For the purposes of the Data Protection Act 2018, the United Kingdom General Data Protection Regulation (“UK GDPR”), the EU GDPR and other relevant data protection laws, Berrymakers is the controller responsible for your personal data.

Purpose of this Privacy Policy

This Privacy Policy aims to provide you with information on how Berrymakers collects and processes your personal data through your use of our website, including any data you may provide through our website when you purchase a product with us, sign up to our newsletter, register for an event, participate in a survey, take part in a competition or download a datasheet.

Our 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 so that you are fully aware of how and why we are using your data.

Data Protection Officer

We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our DPO using the details set out below.

Contact details

If you have any questions about this Privacy Policy or our privacy practices, please contact our DPO, Viliana Ignateva, in the following ways:

Email address: viliana.ignateva@hallhunter.co.uk
Postal address: Hall Hunter, Heathlands Farm, Honey Hill, Wokingham, Berkshire, RG40 3BG
Telephone number: 01189777150

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 opportunity to address any concerns you may have 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 to your personal data

This Privacy Policy was last updated in May 2024 and is version 1. We keep our Privacy Policy under regular review and may amend this Privacy Policy from time to time to keep it up to date or to comply with legal requirements. You should regularly check this Privacy Policy for updates.

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

Our 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.

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 completely 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 comprises first name, last name or username.
Contact Data comprises billing address, delivery address, email address and telephone numbers.
Financial Data comprises bank account and payment card details.
Transaction Data comprises details about payments to and from you and other details of products you have purchased from us.
Technical Data comprises your device’s internet protocol (IP) address, source or medium data, 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 our website.
Profile Data comprises your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, including any information about your health which you choose to share with us.
Usage Data comprises information about how you use our website and products.

Marketing and Communications Data comprises your preferences in receiving marketing from us and your communication preferences.

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.

Apart from occasional information about your health, we do not collect any other 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, genetic information, and biometric data when it is used to identify a particular individual), 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 products). In this case, we may have to cancel a product 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 provide us with your Identity, Contact details and Financial Data by filling in forms online or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Purchase our products;
- Create an account on our website;
- Request marketing information to be sent to you;
- Download data from our website;
- Enter a competition, promotion or survey; or
- Provide us with 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. Please see our Cookies Policy here [add link] 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:
- the ecommerce platform Shopify;
- the online payment service provider Apple Pay;

(c) Google Analytics; and
(d) Social media platforms.

This personal data comprises:

(a) From Shopify - Identity, Contact, Financial and Transaction Data;
(b) From Apple Pay - Identity, Contact, Financial and Transaction Data;
(c) From Google Analytics – Technical and Usage Data; and
(d) From the social media platforms – Identity, Technical and Profile Data.

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 it is necessary for the performance of a contract with you (e.g., for your purchase of something from our website), or to take steps at your request prior to entering into such a contract.
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. Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Where we engage in business to consumer (B2C) electronic direct marketing, we rely on your consent as a legal basis for processing your personal data for this purpose. You have the right to stop such B2C direct marketing at any time by following the opt-out links on our marketing messages or by contacting our DPO as above.

Purposes for which we will use your personal data

We have set out below, in table format, a description of all the ways we use your personal data, and which of the legal bases, or grounds, 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 on more than one lawful basis 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.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

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 and offers may be relevant to you.

You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving such marketing communications.

Third-party marketing

We will obtain your express opt-in consent before we share your personal data with any third party for B2C marketing purposes (we do not currently do this).

Blocking B2C marketing

You can ask us or third parties to stop sending you marketing messages at any time by following the unsubscribe links on any marketing message sent to you or 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 because of a product purchase, product experience or other transaction.

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 our website may become inaccessible or not function properly. For more information about the cookies we use, please see our website.

Cookies Policy here [insert link].

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 we need to use your personal data for a new purpose, we will notify you and we will explain the legal basis which allows us to do so. If you wish to get more information as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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 in Section 4 How we use your personal data above.

Internal Recipients as set out in the Glossary.
External Recipients as set out in the Glossary.
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 recipients of your personal data to respect its security 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

Some of our external recipients are based outside the UK and the European Economic Area (“EEA”) so their processing of your personal data will involve a transfer of data outside the UK and EEA.

Whenever we transfer your personal data out of the UK and EEA, we ensure a similar degree of protection is afforded to it by ensuring one of the following safeguards is implemented:

We will either transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; or
We will enter ICO's International Data Transfer Agreement and Transfer Risk Assessment which provide personal data the same level of protection expected within an adequate jurisdiction.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and EEA.

7. Data security

We have put in place appropriate security measures to minimise the likelihood of 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 we use your personal data for?

Data Retention

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 of 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.

When we no longer need your personal data, we will dispose of or minimise the personal data in accordance with approved company processes to ensure all reasonable efforts and precautions are taken to protect the confidentiality of the data.

In some circumstances, you can ask us to delete your data: see Section 9 on Your Legal Rights below for further information.

Your Legal Rights

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

Request access to your personal data (commonly known as making 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 for 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 our legitimate interests (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, except for direct marketing, 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.

Data Retention

In some circumstances, you can ask us to delete your data: see Section 9 on Your Legal Rights below for further information.

Your Legal Rights

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

Request access to your personal data (commonly known as making 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 for 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 our legitimate interests (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, except for direct marketing, 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 to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No Fee Usually Required

You will not usually 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 valid requests within one month. Occasionally it may 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.

Glossary

Lawful Basis

Legitimate Interests means the interests of our business in conducting and managing our business to enable us to give you the best 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 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.

Recipients

Internal Recipients

Other departments and teams within Hall Hunter Partnership (Farming), including Transport & Logistics and Quality Control.

External Recipients

Our email tool provider.
Global Service Group, our distributor.
Service providers supplying services which include IT, software and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, public authorities such as regulators and other government authorities such as those involved in law enforcement which may require personal data or reporting of processing activities in certain circumstances.