Who we are
- What types of personal data we collect;
- How we collect personal data;
- The purposes we collect personal data for, including how we use it to make our products better and to offer better services and experiences to our consumers;
- Where we store your personal data;
- How long we keep personal data for; and
- The rights and choices you have with regards to your personal data.
What types of Personal Data do we collect about our Consumers?
- Your name, age/date of birth (for age verification purposes) and location;
- Your contact details: email address;
- Your correspondence and communications with Naked Malt;
- Personal data which you may have shared via a public platform (such as on Naked Malt’s Facebook or Instagram feed);
- Your preferences in receiving marketing from us and our third parties and your communication preferences;
- 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 interests, preferences, feedback and survey responses; and
- Online browsing activities on Naked Malt’s website.
Other than the data listed above, we do not collect any Sensitive or Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, biometric data).
Where we need to collect personal data by law, 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 (e.g. to provide you with goods or services). In this case, we may have to cancel a purchase or experience you have with us but we will notify you if this is the case at the time.
How do we collect your personal data?
We collect your personal data by different methods, including:
- Direct interactions: this includes personal data you provide when:
- You subscribe to receive our newsletter;
- You enter a ballot or competition related to Naked Malt or one of Naked Malt’s products;
- You interact with one of our representatives;
- You communicate with us through telephone, text messaging, or other app-based or social media direct messaging; and
- 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 the section below on ‘Cookies’ 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 Naked Malt with others on social media and retailers of Naked Malt).
- 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?
Naked Malt (and trusted partners 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 data protection 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 use of Naked Malt’s products;
- To verify your identity and your age;
- For crime and fraud prevention, detection and related purposes;
- To enable Naked Malt 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 device;
- 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 (e.g. in relation to an investigation by a public authority or in a legal dispute).
We may also combine your personal data collected through various sources, including information collected through our website and services, and develop a profile that will be used for the purposes above.
What is our legal reason for holding personal data?
Data protection laws require us to state our legal reason for processing your personal data.
Where we have requested your consent, we will rely on this consent to send you marketing communications about Naked Malt. We may also send you marketing communications about Naked Malt where you have requested information from us or made a purchase and you have not opted out of receiving such communications.
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 at [email protected]. Where you opt out of receiving marketing communications, this will not remove any personal data provided to us as a result of a purchase that you have made.
Naked Malt 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.
Our legitimate interests
The normal legal basis for processing consumer data, is that it is necessary for the legitimate interests of Naked Malt, including:
- selling and supplying goods 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;
- improving existing products and developing new products;
- handling consumer contacts, queries, complaints, or disputes; and
- preventing, investigating and detecting crime, fraud, or anti-social behaviour and prosecuting offenders.
Where we process your personal data in pursuit of our legitimate interests, you have the right to object to us using your personal data for the above purposes. If you wish to object to any of the above processing, please contact us at [email protected]. If we agree and comply with your objection, this may affect our ability to undertake the tasks above for your benefit.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you require any further information on how the processing for the new purpose is compatible with the original purpose, please contact us using the details below.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
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 personal data (commonly referred to as a “data subject access request”) – this enables you to access the personal data we hold about you and to receive confirmation of how we are processing it;
- to have your personal data rectified if it is inaccurate or incomplete – this enables you to have any incomplete or inaccurate personal data we hold about you corrected, though we may need to verify the accuracy of the new personal data you provide to us;
- in certain circumstances, to have your personal data deleted or removed – this enables you to ask 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 personal data 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 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 personal data's accuracy;
- where our use of the personal data is unlawful but you don’t want us to erase it;
- where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your personal 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 personal 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 personal data which you initially provided consent for us to use or where we used the personal data to perform a contract with you;
- to object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data 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 you with certain products of services. 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 at [email protected].
Who do we share your personal data with?
To effectively fulfil our obligations to you, and to provide you with certain 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, delivery and marketing service providers, financial institutions, customers relationship management vendors and other cloud-based solutions providers that are used by Naked Malt in the conduct of our business. We contract with such vendors to ensure that they only process 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 customer engagement;
- we use marketing service providers to administer services on our behalf, such as sending communications to our consumers, administering any promotions or ballots which we run;
- other agencies and fulfilment partners to administer events, competitions and brand programmes that you have opted into;
- our professional advisors (e.g. lawyers, accountants and bankers);
- our subsidiary companies who are involved in customer services and marketing activities related to Naked Malt and other entities in the Edrington group of companies; and
- Naked Malt’s third party distributors and joint venture partners.
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 Naked Malt; (iii) protect the rights, property or safety of Naked Malt; or (iv) protect the rights, property or safety of the public.
If Naked Malt becomes involved in a merger, acquisition, bankruptcy, or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of our Website, could be included in the transferred 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 other Edrington group companies, 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 or a data transfer agreement / addendum 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?
Different retention periods will apply to different types of data. To determine the appropriate retention period for personal data, we consider any ongoing relationship we have with you, the likelihood you may want to make a further purchase from us in the future, 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 to use your personal data, we will remove it from our systems and records, and or take steps to anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations we are subject to).
In certain circumstances, you can ask us to delete or remove your personal data (see the section entitled ‘What rights do you have?’ above for further information on your rights).
How do we protect your personal data?
Naked Malt 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.
Third party websites and apps
If you have any questions or concerns about the way in which your personal data is processed, please contact [email protected].
You have the right to complain about data protection matters to the Information Commissioner’s Office (ICO) in the UK. 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.