MOONPIG GROUP PRIVACY NOTICE
Introduction
Welcome to Moonpig’s privacy policy.
Moonpig 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 websites and App (regardless of where you visit it from) and tells you about your privacy rights.
Important information and who we are
Moonpig.com Limited (collectively referred to as “Moonpig.com”, “Moonpig” "we", "us" or "our" in this privacy policy) is a data controller and is responsible for your personal data. We are part of a group of companies in the United Kingdom and the Netherlands (the Moonpig Group) and also operate in Ireland, Australia and the US.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
Our websites and services are not meant to be accessed by children and we do not knowingly collect data relating to children.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us.
This privacy policy is provided in a layered format so you can click through to the specific areas set out below.
The data we collect about you
How is your personal data collected
How we use your personal data
Disclosures of your personal data
Artificial Intelligence technology
Data security
Data retention
International data transfers
Your rights
Contacting us
1. 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 permanently 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 includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, images and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes payment card details, your encrypted payment details will only be stored if you elect to store your payment methods with us. Your payment details will not be stored by Moonpig.com, but instead it will be stored by a payment service provider under contract with us.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes 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 our websites or App.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
Usage Data includes information about how you use our websites or App, products, and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use, and share Aggregated Data such as statistical or demographic data for different purposes. 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 or App 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.
2. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, email or otherwise. This includes personal data you provide when you:
purchase our products or services;
create an account on our websites or App;
subscribe to our service;
participate in ways to improve customer satisfaction and customer experience;
engage customer support;
request marketing to be sent to you;
enter a competition, promotion, or survey; or
give us feedback or contact us.
Automated technologies or interactions. As you interact with our websites and app, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our Cookie Policy for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below.
Technical Data from the following parties:
Analytics, storage, tools and media providers based in and outside the EU;
IP tracking service providers based within the EU;
automated quality control tools based within the EU;
automated security and compliance tools based outside the EU;
social media and media networks such as Twitter, LinkedIn, Instagram based outside the EU; and
email distribution and survey providers based outside the EU;
Identity and Contact data from providers of data feeds and hosting services provided inside the EU and outside of the EU.
3. How we use your personal data
We will only process personal data where we have a genuine need to do so and in line with our obligations under data protection laws. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform a contract, we are about to enter or have entered with you.
Where it is necessary for our legitimate interests (or your legitimate interests or those of a third party).
With your consent.
Where we need to comply with a legal or regulatory obligation.
Purposes for which we will use your personal data
We will only use your personal data when the law allows us to, and only for the purpose agreed to when you provided it. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract, we are about to enter or have entered with you.
When an order is placed via Moonpig.com or App the following details will be processed (including, but without limitation), photographs to be printed or used for personalised products, personal information (names, address, email,) is necessary to fulfil a gift or card order. This processing will be covered under this Privacy Notice. For further information, please see our Terms and Conditions.
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.
Purposes for which we will use your personal data
We may process your personal data for more than one lawful ground 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 have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
To create a new customer account we may process your identity and contact details for the performance of our contract with you.
To process and deliver your order including Card and gift personalisation we may process your identity, contact and communications for the performance of our contract with you or where it is necessary for our legitimate interests (e.g. to recover debts due to us).
To manage our relationship with you which will include (a) notifying you about changes to our terms or privacy policy (b) asking you to leave a review or take a survey we may process your identity, contact details, profile and marketing and communications preferences for the performance of our contract with you, where it is necessary to comply with our legal obligations or where it is necessary for our legitimate interests (e.g. to keep our records updated and to study how customers use our products and services).
To enable you to partake in a prize draw, competition or complete a survey we may process your identity, contact details, profile, usage information and marketing and communications preferences for the performance of our contract with you and where necessary for our legitimate interests (e.g. to study how customers use our products and services, to develop our products and services and grow our business).
To administer and protect our business and our websites or App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) we may process your identity and contact details, and technical information (e.g.Cookies) where it is necessary for our legitimate interests (e.g. for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) or where it is necessary to comply with a legal obligation.
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you we may process you identity, contact details, profile, usage information, marketing and communications preferences and technical information where it is necessary for our legitimate interests (e.g. to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences we may process your usage and technical information (e.g.Cookies) and marketing and communications preferences where it is necessary for our legitimate interests (e.g. to define types of customers for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about goods or services that may be of interest to you we may process your identity and contact details, profile, technical and usage information (e.g.Cookies) and marketing and communications preferences where it is necessary for our legitimate interests (e.g. to develop our products/services and grow our business).
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may send you marketing about our own goods and services if you have opted in to receive our marketing messages, or you have previously bought similar products from us and you have not opted out from receiving our marketing messages. You can, should you wish, unsubscribe to any or all our marketing material at any time. You can unsubscribe at any time by clicking the 'unsubscribe' link in any marketing email we send, or by updating your preferences on the "My Account Details page" in your account.
You can also choose to receive reminders when it’s time to send your friend or relative another card or gift. You can control these on your My Reminders page in your account. If you have also provided your date of birth, we will use this to send you a message on your birthday.
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, services and offers may be relevant for you.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third-party service providers for marketing purposes.
Opting out
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us because of a product/service purchase, warranty registration, product/service experience or other transactions.
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 websites may become inaccessible or not function properly. For more information about the cookies we use, please see here.
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 wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.
4. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out above.
Internal third parties:
These are companies within the Moonpig Group. Your personal data will also be hosted in Ireland.
External third parties:
Service providers
These providers support Moonpig in carrying out our activities and services to you. We only give them the parts of your personal data that they need. And we make it clear to them that they must keep your personal data safe and only used for these services.
These are:
Third party suppliers to fulfil orders placed by you.
Third party printing suppliers used to create the personalised products you have ordered.
For the purposes of providing you a service, order confirmation emails or similar - please see T&Cs for full details.
Marketing companies to show you products, special offers or services, from Moonpig.com that might interest you while you are browsing the internet.
Data insight companies to ensure your details are up to date and accurate.
Fraud prevention companies
Payment processing companies, they help us to process your credit card details.
Information technology (hardware and software) companies for the purpose of data storage and analysis
The Authorities
When it’s necessary for us to share some parts of your personal data with authorities such as the police, for example, to help prevent fraud and crime, we only share what is legally necessary. When we do give this data to the authorities, it’s their responsibility to protect your information.
Other
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 third parties to respect the security of your personal data 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.
5. Artificial Intelligence (AI)
We may use artificial intelligence to:
Provide product and personalisation recommendations;
Analyse customer feedback;
Improve the security of our systems;
Develop new products and services.
We do not use AI to process your personal data. We will only use AI in a way that is consistent with this privacy notice and applicable laws. We will not use AI to make decisions about you that have a significant impact on you without your consent.
6. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. We also 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.
7. Data retention
How long will you use my personal data for?
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 to 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.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us at [email protected].
8. International data transfers
Moonpig transfers your personal data to other Moonpig companies in the Moonpig Group and service providers outside the European Economic Area (EEA). The service providers that Moonpig works with must prove to us that they have the same high standards around protection of your data as Moonpig.
Where Moonpig transfers your personal data outside the EEA, we make sure that there are rules in place to protect your data. This means that Moonpig either has contractual clauses approved by the European Commission in our contracts with parties outside the EEA, or Moonpig will rely on European Commission adequacy decisions.
9. Your rights
You have personal data rights. These are the right to:
Request access to your personal 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.
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, when 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, when you make your request.
Object to 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 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.
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 or services to you. We will advise you if this is the case at the time you withdraw your consent.
No fee usually required
You will not 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 legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
10. Contacting us
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 the DPO using the details set out below.
Moonpig.com Limited
Email address: [email protected]
Postal address: Herbal House, 10 Back Hill, London, EC1R 5EN
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk) or the Data Protection Commission (DPC), the Ireland regulator for data protection issues (https://www.dataprotection.ie/). We would, however, appreciate the chance to deal with your concerns before you approach the ICO/DPC so please contact us in the first instance.
We keep our Privacy Policy under regular review. This version was last updated February 2022.
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.
Our websites 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 websites, we encourage you to read the privacy policy of every website you visit.
Glossary
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/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 such 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.