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Please note: The last date for orders before Christmas is Monday 17th of December. Orders placed after this date may not be received until after Christmas.

Introduction

This Privacy Notice explains in detail the types of personal data we may collect about you when you use our web site. This notice combined with our Cookie Policy and Terms & Conditions describes the information we collect about you, how we use it and our agreement to provide products and services to you. It also explains how we’ll store and handle that data and keep it safe.

We know that there’s a lot of information here, but we want you to be fully informed about your rights, and how the Kelly Group of companies uses your data – this notice covers your use of Kellys DIY website along with your marketing preferences for other companies in the Kelly Group.

We hope the following sections will answer any questions you have but if not, please do get in touch with us. Kellys-diy.com understands that customers may have concerns about security on the internet. Our website uses third party providers to process payments (for example PaylPal) and for marketing – see third parties section below for full details.

Kellys-diy.com operated by Point Building Supplies a trading division of Kelko Plant Sales Ltd (hereafter referred to as Kellys DIY) are committed to protecting your privacy in accordance with General Data Protection Regulations (commonly known as GDPR) and other applicable laws.

Any personal information about individuals is collected by Kellys DIY and is only collected where it is specifically and knowingly provided, for example at the time of registration on our website or at the time of ordering (when we collect personal information to process and fulfil your order/s), entering a competition etc. We, may from time to time contact you with offers and information you may be interested in – if you wish to receive this information you must specifically consent to get it and you can withdraw your consent at any time. You can remove yourself from our mail list at any time by logging in to your account at www.kellys-diy.com/account/ and updating your newsletter preferences under 'Account Settings'. You can also follow a link to unsubscribe at any time if you receive an email from us about our product, services, offers, promotion days/evenings etc. You can also email or write to us at any time to change your preferences – full contact details below. We do not retain any information regarding your credit card or banking details.

We have associated companies within our group namely Kellys Point Hire Ltd and Kellys Golf Centre that if you consent to it we will record your contact preferences to receive details of special offers, promotional days/evening, competitions, products and services.

We will use third parties for example to deliver goods, process credit/debit card payments and manage our mailing list. These third parties will have access to personal information needed to perform their function but may not use it for other purposes.

We may pass personal information to external agencies to protect against fraudulent transactions and to provide the services you have asked for.

Kellys DIY will try to provide you with external links to high quality, reputable websites which we believe may be of interest to our customers. Such third-party sites are not under our control and we therefore do not accept any responsibility for or liability in respect of your privacy and or experience on these websites.

What is the Kelly Group?

The Kelly Group - we’ll refer to as ‘the Group’ in this document – is made up of a number of related businesses:

  • Kellys Point Building Supplies a Trading Division of Kelko Plant Sales Ltd (Kellys DIY)
  • Kellys Point Hire Ltd
  • Kellys Golf Centre Limited

For simplicity throughout this notice, ‘we’ and ‘us’ means some or all of the above businesses in the context of marketing preferences – information will not be shared for anything other than the marketing preference you have chosen.

The Legal Basis we rely on

The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:

  • Consent - In specific situations, we can collect and process your data with your consent.
  • Contractual obligations - In certain circumstances, we need your personal data to comply with our contractual obligations.
  • Legal compliance - If the law requires us to, we may need to collect and process your data.  
  • Legitimate interest - In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.

When do we collect your data?

  • When you visit Kellys DIY and use your account to buy products and services or redeem vouchers online.
  • When you make an online purchase and check out as a guest.
  • When you create an account with us.
  • When you engage with us on social media.
  • When you contact us by any means with queries, complaints etc.
  • When you ask for us to email you information about a product or service.
  • When you enter prize draws or competitions.
  • When you choose to complete any surveys we send you. 
  • When you comment on or review our products and services.
  • When you fill in any forms
  • When you’ve given a third-party permission to share with us the information they hold about you for example when you use PayPal.
  • When you use our car park and shop which has a CCTV system in operation which records your image for the security of both customers and staff.
  • The type of information we collect for the above for example could include your name, date of birth, address, contact details, your areas of interest and marketing preferences etc.

What sort of personal data do we collect?

  • If you have a web account with us: your name, billing/delivery address, orders and receipts, email and telephone number. For your security, we’ll also keep a record of your login password.
  • Information gathered by the use of cookies in your web browser – see our cookies policy for full details about the cookies we use and how you can change your cookie settings. 
  • For the purpose of direct marketing we ask for and use your personal data for recommending items you have said are of interest to you. Of course, it’s always your choice whether you share such details with us and if you have opted in you can opt out at any time.
  • Your comments and product reviews. 
  • Your image may be recorded on CCTV when you visit the shop or car park.
  • If you interact with us through social media we will see your username and use it to help us respond to your comments, questions or feedback.

How and why do we use your personal data?

  • In order to provide you with the best possible customer experience we use your information to offer you promotions, products and services that are most likely to interest you if you have consented.
  • The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service.
  • Of course, if you wish to change how we use your data, you’ll find details in the ‘What are my rights?’ section below.
  • Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.

Here’s how we’ll use your personal data and why:

To process any orders that you make by using our websites or in store

If we don’t collect your personal data during checkout, we won’t be able to process your order and comply with our legal obligations and contractual necessity.

Purpose of ProcessingOur legal basis
To respond to your queries, refund requests and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience. 
To protect our business and your account from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard your account. We may also monitor your browsing activity with us to quickly identify and resolve any problems and protect the integrity of our websites. We’ll do all of this as part of our legitimate interest.
To protect our customers, premises and assets from crime, we operate CCTV systems in our store and car park which record images for security.

We do this on the basis of our legitimate business interests.

To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.
If we discover any criminal activity or alleged criminal activity through our use of CCTV, fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts. We aim to protect the individuals we interact with from criminal activities. We do this on the basis of our legitimate business interests.
With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text, telephone about relevant products and services including invitations to events, special offers, discounts, promotions, events, competitions and so on. You are free to opt out of hearing from us by any of these channels at any time – you can contact our head office premises directly by email on privacy@kellys-group.com or log in to your online account or click the unsubscribe link in any email you receive from us or by writing to us for full details of our address see below –we will do our utmost to update your opt out preference as quickly as possible but that this may take up to two weeks.
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice, product recall notices, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
To display the most interesting content to you on our website we may use data we hold about your favourite products. We do so on the basis of your consent to place cookies or similar technology on your device when you are navigating our website.
To administer any of our prize draws or competitions which you enter Based on your consent given at the time of entering
To share your data with law enforcement To comply with our contractual or legal obligations
To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.
To process your order, we will need to share your details with third parties providing a service such as delivery couriers, payment processors and fraud prevention services. We do so to provide the service you have requested. Without sharing your personal data, we’d be unable to fulfil your request.

How we protect your personal data

  • We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.
  • We secure access to all transactional areas of our websites using ‘https’ technology.
  • Access to your personal data is password-protected, and sensitive data such as payment card information is not held by us but it with secured payment processors such as PayPal or Realex.
  • Our systems our regularly monitored for possible vulnerabilities and attacks to identify ways to further strengthen security.

How long will we keep your personal data?

  • Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected. The period for which we keep personal information is determined by a number of criteria including the purpose for which we are using the information, the amount of sensitivity of the information, the potential risk from any unauthorised use or disclosure of the information, and our legal and regulatory obligations.
  • At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.

Cookies

For full details of our cookies policy please click this link.

Who do we share your data with – third parties

We sometimes share your personal data with trusted third parties. For example delivery couriers, technicians visiting your home on our behalf, to handle complaints, for fraud management and so on

Here’s the policy we apply to those organisations to keep your data safe and protect your privacy:

  • We provide only the information they need to perform their specific services.

We work with third parties to deliver our companies product and services to you such as:

  • IT companies who support our website and other business systems
  • Operational companies such as delivery couriers
  • Direct marketing companies who help us manage our email or text communications with you
  • For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
  • We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.

We use the following main third parties to deliver services to you, you can find their individual privacy policies below:

PayPal - Payment processing
Privacy policy: https://www.paypal.com/en/webapps/mpp/ua/privacy-full

Realex / Global Payments - Payment processing
Privacy policy: https://www.globalpaymentsinc.com/en-ie/accept-payments/ecommerce/privacy 

MailChimp - Marketing and Newsletter maintenance
Privacy policy: https://mailchimp.com/legal/privacy/

Where your personal data may be processed

Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA), such as Australia or the USA.

Any transfer of your personal data will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice. 

An overview of your different rights

You have the right to request:

  • Access to the personal data we hold about you, free of charge in most cases.
  • The correction of your personal data when incorrect, out of date or incomplete.
  • That we stop using your personal data for direct marketing (either through specific channels, or all channels).
  • That we stop any consent-based processing of your personal data after you withdraw that consent.
  • For example, when you withdraw consent and we have no legitimate overriding interest to keep your information.

You have the right to request a copy of any information about you that we hold at any time, and also to have that information corrected if it is inaccurate. To ask for your information, please contact the Data Protection Officer by the method you choose – contact options below.

If we choose not to action your request we will explain to you the reasons for our refusal.

Your right to withdraw consent

Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

Where we rely on our legitimate interest

In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.

Direct marketing

You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.

How can you stop the use of your personal data for direct marketing?

There are several ways you can stop direct marketing communications from us:

  • Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails from the particular divisions you select, or all divisions if you so choose.
  • If you have an account, log into your account, visit the ‘Account Settings’ area and click the unsubscribe link.
  • Write to Data Protection Officer, Kellys, Milltown East Industrial Estate, Upper Dromore Road, Warrenpoint, BT34 3PN.

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

How to contact us?

To update your details or ask for a copy of your personal information:

  • You can write to Data Protection Officer, Kellys, Milltown East Industrial Estate, Upper Dromore Road, Warrenpoint, BT34 3PN.

Contacting the Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact them by calling 0303 123 1113 or go online to www.ico.org.uk/concerns (opens in a new window; please note we can't be responsible for the content of external websites).

For all non-UK customers

By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.

Sometimes we’ll need to transfer your personal data between countries to enable us to supply the goods or services you’ve requested. In the ordinary course of business, we may transfer your personal data from your country of residence to ourselves and to third parties located in the UK.

By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes.

This may occur because our information technology storage facilities and servers are located outside your country of residence, and could include storage of your personal data on servers in the UK.

We’ll ensure that reasonable steps are taken to prevent third parties outside your country of residence using your personal data in any way that’s not set out in this Privacy Notice. We’ll also make sure we adequately protect the confidentiality and privacy of your personal data.

Updates to this Privacy Notice

We may review and update this Privacy Notice when the need arises – the latest version will be published on our website, printed copies can be requested from our head office at the address above if your require, updates may in certain circumstances be emailed and or posted to you.