Privacy Policy

BORN

PRIVACY POLICY

1 PURPOSE OF OUR POLICY

1.1 BORNCOM CREATORS LIMITED (UK company number 9100356) (VAT No: 211924241) with headquartered office located at SohoWorks, 56 Shoreditch High Street, London E1 6JJ ( we , us or our ) provides the products and services offered on the BORN website (www.Born.com) ( Site ).

1.2 For the purposes of the Data Protection Act 1998, we are the data controller.

1.3 BORN agrees to comply with the obligations imposed by the law n_° 78-18 of 6 January 1978 Data Protection Act, amended by Law No. 2004-801 of 6 August 2004_and application in the European Union of the General Data Protection Regulation (GDPR) from 25 May 2018(together with the Data Protection Act 1998, the Acts the Privacy Law).

1.4 We have adopted this Privacy Policy to ensure that we have standards in place to protect the data that we collect about individuals that is necessary and incidental to:

**(a)**providing the services that we offer via the Site; and

**(b)**The normal day-to-day operations of our business.

1.5 By publishing this Privacy Policy we aim to make it easy for our users, customers and the public to understand what data we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their data in our possession.

2 WHO AND WHAT THIS POLICY APPLIES TO

2.1 We handle data in our own right and also for and on behalf of our customers and users.

2.2 Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.

2.3 The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.

2.4 If, at any time, an individual provides data or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.

2.5 The Site is not available to children (persons under the age of 18 years),

3 CONSENT TO COLLECTION OF DATA

3.1 An individual may opt to not consent tohave us collecting their data and communicate with them, or withdraw consent to the collection or use of their data. This may prevent us from offering them some or all of our Services and may terminate their access to some or all of the Services they access with or through us, They will be aware of this when:

**(a)**Opt In, Where relevant, the individual will have the right to choose consent to havinghave information collected and/or receive information from us; or

**(b)**Opt Out, Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us. An individual may revoke their consent at any time, and the decision to opt out will be made through the same media which allowed the individual to opt in (and potentially other media).

3.2 From time to time, we We may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual's interaction with us, they may not opt out of receiving these communications.

3.3 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.

4 THE INFORMATION WE COLLECT

4.1 In the course of business it is necessary for us to collect data where we obtain consent, pursuant to contract or where we have a legitimate interest. This information allows us to identify who an individual is for the purposes of our business, share data when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:

**(a)**Personal Information, We may collect personal details such as an individual's name, location, date of birth, nationality, country location, family details and other information that allows us to identify who the individual is;

**(b)**Contact Information, We may collect information such as an individual's email address, telephone number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;

**(c)**Financial Information, We may collect financial information related to an individual supplier such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with process payments for our Services;

**(d)**Statistical Information, We may collect information about an individual's online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes;

**(e)**Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number); and

**(f)**Information an individual sends us, We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual's activities, including activities with our partners (such as Facebook or Twitter).

4.2 We may collect other data about an individual, which we will maintain in accordance with this Privacy Policy.

4.3 We may also collect non-data about an individual such as information regarding their computer, network and browser - this may include their IP address.

5 HOW INFORMATION IS COLLECTED

5.1 Most information will be collected in association with an individual's use of the Site sites, Services, and enquiry about the Site or generally dealing with us., However, we may also receive data from other sources such as advertising, an individual's own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners (such as Facebook or Twitter), In particular, information is likely to be collected as follows:

**(a)**Registrations/Purchases, When an individual registers and or purchases a product, service, list, account, connection or other process whereby they enter data details or grant access to information in order to receive or access something, including a transaction or services;

**(b)**Accounts/Memberships, When an individual submits their details to open an account and/or become a member with us;

**(c)**Partners, When an individual grants us access to their accounts with our business partners (such as Facebook or Twitter).

**(d)**Access. When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser's setting to accept or reject cookies) or analytical services.

5.2 Where a

[ANNOTATION:

BY 'Patric Geiger'

ON '2018-02-09T12:08:00'

NOTE: 'Under GDPR, we will need separate consent for this. It's not something we would currently do, this paragraph should be removed.']

third party provides data or other information about any individual, we ensure that third party warrants has obtained necessary consent to provide such information to us for the purpose specified.

5.3 We will publish changes to the way that information is collected at the point of collection and within this policy.

**(a)**Supply/Contact, When an individual supplies us with goods or s , or contacts us in any way;

**(b)**Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been oened.

5.4 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual provides express consent is always aware of when their data is being collected in any other way.

5.5 We may also collect anonymous data such as traffic, IP addresses and transaction statistics, which may be used and shared on an aggregated and anonymous basis.

6 HOW DATA IS STORED

6.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ( EEA ) and with third parties. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services,

6.2 By submitting your personal data, youYou hereby consent agree to this transfer, storing or processing.

7 WHEN DATA IS USED

7.1 In general, the primary principle is that weWe will not use any data other than for the purpose for which it was collected other than with the individual's permissionconsent, pursuant to contract or where we have demonstrated a legitimate interest, The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.

7.2 We will retain data for the period necessary to fulfil the purposes outlined in this Privacy Policy for 7 years unless a longer retention period is required or permitted by law.

7.3 The primary reason personal information is used or disclosed is to deliver the website Information is used to enable us to operate our business, especially as it relates to an individual, This may include:

**(a)**the provision of goods and services between an individual and us;

**(b)**verifying an individual's identity;

**(c)**communicating with an individual about:

i their relationship with us;

ii our Services;

iii our own marketing and promotions to customers and prospects;

iv competitions, surveys and questionnaires;

**(d)**investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or

**(e)**as required or permitted by any law (including the Actsthe Privacy Law).

7.4 If you publicly post about the Site, or communicate directly with us, on a social media website, we may collect and process the data contained in such posts or in your public profile for the purpose of addressing any customers services requests you may have and to monitor and influence public opinion.

8 WHEN DATA IS DISCLOSED

8.1 It may be necessary for us to disclose an individual's data to third parties in a manner compliant with the Actsthe Privacy Law in the course of our business, such as for processing activities like website hosting,

8.2 We will not disclose or sell an individual's data to unrelated third parties under any circumstances unless applicable consent has been obtained for us to engage other companies to perform tasks on our behalf and we need to share your information with them to provide products and services to you. We will ensure that any such providers comply with the principles of applicable Privacy Law.

8.3 We will not disclose or sell an individual's data to unrelated third parties under any circumstances unless we employ other companies to perform tasks on our behalf and we need to share your information with them to provide products and services to you.

8.4 There are some circumstances in which we must disclose an individual's information:

**(a)**where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;

**(b)**as required by any law (including the Actsthe Privacy Law) including court orders; and/or

**(c)**In order to sell our business (as we may transfer data to a new owner).

8.5 We will not disclose an individual's data to any entity outside of the EEA that is in a jurisdiction that does not have a similar regime to the Acts or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of the EEA will not be made until that entity has agreed in writing with us to safeguard data as we do.

8.6 We may partner with or utilise third-party service providers (such as Gmail from Google, Inc) to communicate with an individual and to store contact details about an individual. These service providers may be located outside the EEA, including the United States of America.

8.7 If the Company gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of the business to another company, we may share information with that company before and after the transaction closes.

8.8

9 THIRD PARTY SERVICES, WEBSITES AND Accounts

9.1 We may share an individual's information with third parties for the processing and storage of certain personal information. For example, all information may be processed and stored with cloud service providers (such as Amazon Web Services).

9.2 We recommend that you read the privacy policies of third party service providers so you can understand the manner in which your personal information will be handled by these providers.

9.3 In particular, remember that certain service providers may be located in or have facilities that are located a different jurisdiction (including outside the EEA). So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

9.4 Any such information shall be disclosed and/or processed on terms which are substantially the same as those set out in this Privacy Policy, applicable Privacy Law and/or subject to the protection of the EU-U.S. Privacy Shield (to learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov/list).

9.5 As an example, if you are located in EEA and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation (including the USA Patriot Act).

9.6 We may link your account with a third party (such as Facebook and Twitter) to our services to enable certain functionality, which allows us to obtain information from those accounts (including your profile picture, friends or contacts).

9.7 The information we may obtain from those services often depends on your settings or their privacy policies. We recommend that you read any third party privacy policies before entering any personal information.

9.8 When you click on links on our store, they may direct you to third party websites. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

10 COOKIE POLICY

10.1 Our Site may use cookies to distinguish you from other users of our platform. This helps us to provide you with a good experience when you browse our platform and also allows us to improve our website. By continuing to browse the Site, you are agreeing to our use of cookies.

10.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device's hard drive, You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site.

10.3 We use the following cookies:

**(a)**Strictly necessary cookies. These are cookies that are required for the operation of the Site. They include, for example, cookies that enable you to log into secure areas of the Site.

**(b)**Analytical/performance cookies. They allow us to recognise and count the number of visitors, track views of content and to see how users move around the Site when they are using it. This helps us to improve the way the Site works, for example, by ensuring that users are finding what they are looking for easily.

**(c)Functionality cookies. These are used to recognise you when you return to the Site or when you have logged into the Site already. This enables us to personalise our content for you, greet you by name and remember your preferences.

**(d)**Tracking cookies. These enable us to track use of content from the Site (on third party services, such as posts on social media networks), in accordance with your third party settings.

**(e)**Targeting cookies. These cookies record your visit to the Site, the pages you have visited and the links you have followed. We will use this information to make the Site more relevant to your interests. We may also share this information with third parties for this purpose.

10.4 Please note that third parties (including, for example, advertising networks and providers of external services like user traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical, performance or targeting cookies.

10.5 If you are unclear about the types of functions of cookies we use, please contact us for more information.

  1. 11 THE SAFETY & SECURITY OF DATA

11.1 We will take all reasonable precautions to protect an individual's data from unauthorised access, This includes appropriately securing our physical facilities and electronic networks.

11.2 The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed, Each individual that provides information to us via the internet or by post does so at their own risk, We cannot accept responsibility for misuse or loss of, or unauthorised access to, data where the security of information is not within our control.

11.3 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual's data to in accordance with this policy or any applicable laws), The collection and use of an individual's information by such third parties may be subject to separate privacy and security policies.

11.4 If an individual suspects any misuse or loss of, or unauthorised access to, their data, they should let us know immediately,

11.5 We are not liable for any loss, damage or claim arising out of another person's use of the data where we were authorised to provide that person with the data.

12 HOW TO ACCESS AND/OR UPDATE INFORMATION

12.1 The ActsThe Privacy Law give you the right to request from us the data that we have about you.

12.2 If an individual cannot update his or her own information, we will correct any errors in the data we hold about an individual within 7 days of receiving written notice from them about those errors.

12.3 It is an individual's responsibility to provide us with accurate and truthful data. We cannot be liable for any information that is provided to us that is incorrect.

12.4 We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the data we hold about them if such a request is manifestly unfounded or excessive. We reserve the right to clarify the specific information your request relates

[ANNOTATION:

BY 'Malindi Haggett'

ON '2018-05-02T13:10:00'MH

NOTE: 'Is this GDPR compliant? ']

to.

12.5 Information will be provided within one month of receipt of the

[ANNOTATION:

BY 'Malindi Haggett'

ON '2018-05-02T13:10:00'MH

NOTE: 'Is this GDPR compliant? I thought it was 48 hours….']

request.

13 YOUR RIGHTS, COMPLAINTS AND DISPUTES

13.1 You have the right to object to processing not based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); and direct marketing, unless we hold legitimate grounds for processing or the processing is for the establishment, exercise or defence of legal claims.

13.2 You have the right to lodge a complaint with a supervisory authority if you consider that the processing of your data infringes the General Data Protection Regulation.

13.3 You have the right to object to:

**(a)**processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);

**(b)**direct marketing; and

**(c)**processing for purposes of scientific/historical research and statistics.

Article I.unless we hold legitimate grounds for processing or the processing is for the establishment, exercise or defence of legal claims.

13.4 If an individual has an objection or complaint about our handling of their data, they should address their complaint in writing to the details below.

13.5 If we have a dispute regarding an individual's data, we both must first attempt to resolve the issue directly between us.

13.6 If we become aware of any unauthorised access to an individual's data which is likely to result in a high risk for the rights and freedoms of the data subjects we will inform the individual without undue delay after becoming aware of it, we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

14 ADDITIONS TO THIS POLICY

14.1 We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

14.2 If we decide to change this Privacy Policy, we will post the changes on our website at www.Born.com/privacy. It is your responsibility to refer back to this Privacy Policy to review any amendments. We may do things in addition to what is stated in this Privacy Policy to comply with the Actsthe Privacy Law and nothing in this Privacy Policy shall deem us to have not complied with the Actsthe Privacy Law.

15 CONTACTING US

15.1 All correspondence with regards to privacy should be addressed to:

The Data ControllerProtection Officer

BORN [email protected]

For BORN Awards specific correspondence, please contact: [email protected]

You may contact us by email in the first instance.