Privacy Policy

Website Privacy notice

We are The Roosting Place Ltd. We’re a company registered in England and Wales with company number 13782053. In this privacy notice we will refer to ourselves as ‘we’, ‘us’ or ‘our’.

You can get hold of us in any of the following ways:

(a) by e-mailing us at hello@theroost.com; or
(b) by writing to us at Techspace Aldgate East, 32-38 Leman Street, E1 8EW

We take the privacy, including the security, of personal information we hold about you seriously. This privacy notice is designed to inform you about how we collect personal information about you and how we use that personal information. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.

We may issue you with other privacy notices from time to time, including when we collect personal information from you. This privacy notice is intended to supplement these and does not override them.

We may update this privacy notice from time to time. This version was last updated on 13/10/2023.

1. Key Definitions

The key terms that we use throughout this privacy notice are defined below, for ease:

Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.

Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer-base.)

Personal Information: in this privacy notice we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information which has been anonymised.

Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.

2. Details of personal information which we collect and hold about you

2.1 Set out below are the general categories and in each case the types of personal information which we collect, use and hold about you:

General Category	Types of Personal Data in that category
Identity Information	This is information relating to your identity such as your name (including any previous names and any titles which you use), gender, marital status and date of birth.
Contact Information	This is information relating to your contact details such as e-mail address, addresses, telephone numbers.
Account Information	This is information relating to your account with us (including username and password).
Payment Information	This is information relating to the methods by which you provide payment to us such as bank account details, credit or debit card details and details of any payments (including amounts and dates) which are made between you and any seller on the platform.
Transaction Information	This is information relating to transactions between you and any seller on the platform such as details of the goods and services provided to you and any returns details.
Survey Information	This is information which we have collected from you or which you have provided to us in respect of surveys and feedback.
Marketing Information	This is information relating to your marketing and communications preferences.
Aggregated Information	This is statistical or demographic data. Aggregated data may be derived from your information but is not considered ‘personal data’ in law as it does not reveal your identity. However, if we combine or connect such data with your information so that it can directly or indirectly identify you, we will apply this policy to such combined data.
Usage Information	Information about your visit, including the website that referred you to our website (if applicable), the path that you take through and from our website (including date and time); pages that you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page
Website, Device and Technical Information	This is information about your use of our website and technical data which we collect (including your IP address, the type of browser you are using and the version, the operating system you are using, details about the time zone and location settings on the device and other information we receive about your device)

2.2 The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.

2.3 We don’t collet or hold any Special Information about you.

3. Details of how and why we use personal information

3.1 We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below, but in most cases, we will use your personal information for the following legal reasons:

( ) Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you, on our own behalf or on behalf of our sellers;
(a) Legitimate Interests Reason: this is where the use of your personal information is necessary for our legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests.
(b) Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and
(c) Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.

3.2 So that we and our sellers are able to provide you with goods and services, we will need your personal information. If you do not provide us with the required personal information, we and our sellers may be prevented from supplying the goods and services to you.

3.3 It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this then we or our sellers may be prevented from supplying the goods and services to you for example, if you move address and do not tell us, then your goods may be delivered to the wrong address.

3.4 Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information, in which case, we will confirm that reason to you.

3.5 We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:

(a) generally, we do not rely on consent as a legal basis for processing information but exceptionally rely on consent to send marketing communications to you via telephone and/or email; and
(b) for some of the purposes we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.

Purpose	Legal Reason(s) for using the personal information
To enrol you as a customer	Contract Reason. Legitimate Interests Reason (in order to offer you other goods or services provided by us or our sellers which helps us to develop our business and that of our sellers)
To process your order, which includes taking payment from you, advising you of any updates in relation to your order or any enforcement action against you to recover payment.	Contract Reason. Legitimate Interests Reason (in order to recover money which you owe us or our sellers
To manage our/or sellers’ contract with you and to notify you of any changes	Contract Reason. Legal Obligation Reason.
To comply with audit and accounting matters	Legal Obligation Reason
For record keeping	Contract Reason. Legal Obligation Reason.
To improve the goods and services which we or our sellers supply	Legitimate Interests Reason (in order to improve the goods, services, and/or digital content for future customers and to grow our business and that of our sellers
To recommend and send communications to you about goods and services that you may be interested in. More details about marketing are set out in section 9 below	Legitimate Interests Reason (in order to grow our business and that of our sellers) Consent Reason
To ensure the smooth running and correct operation of our website	Legitimate Interests Reason (to ensure our website runs correctly and safely)
To understand how customers and visitors to our website use the website and interact with it via data analysis	Legitimate Interests Reason (to improve and grow our business, including our website, and to understand our and our sellers’ customer’s needs, desires and requirements) Consent Reason where we do this by way of cookies.
To send our marketing communications	Legitimate Interests Reason (to develop our services and content and grow our business) Consent Reason

3.6 Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other personal information and you are not identifiable from that combined data we are able to use this.

3.7 Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) which we told you about. If we want to use your personal information for a different purpose which we do not think is compatible with the purpose(s) which we told you about then we will contact you to explain this and what legal reason is in place to allow us to do this.

4. Details of how we collect personal information

4.1 We usually collect Identity Information, Contact Information, Payment Information, Transaction Information, Survey Information, Marketing Information, Aggregated Information and Usage Information directly from you when you fill out a form, survey or questionnaire, purchase goods and/or services from us or our sellers, contact us by e-mail, in writing or otherwise. This includes the personal information which you provide to us when you subscribe to our mailing list, enter a competition or complete a survey.

4.2 We may receive some of your personal information from third parties or publicly available sources. This includes:

(a) Contact Information and Payment Information from our selected third-party payment providers; and

(b) Website, Device and Technical Information from third parties such as analytics providers (like Google).

4.3 We may also receive Website, Device and Technical Information and Usage Information automatically from technologies such as cookies which are installed on our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our website. You can set your browser to refuse all or some browser cookies To find out more about these please see our cookie policy which is available here.

5. Details about who personal Information may be shared with

5.1 We may need to share your personal information with other organisations or people. These organisations include:

(a) Our staff and those who provide services or are involved in the running of our business.
(b) Service providers who perform services and functions on our behalf in connection with the operation of our business such as software and application service providers and third parties who host, store and manage data or provide programming or technical support, etc.
(c) Professional advisers including our accountants, insurers and brokers, etc.
(d) Analytics partners to analyse website traffic and understand customer needs and trends.
(e) Marketing service providers to help us to communicate with you.
(f) If we are required to do so by law, or if we believe that such action is necessary to: (a) fulfil a government, or regulatory authority request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our websites or customers.
(g) Those to whom we may sell, transfer, or merge parts of our business with, or where we acquire other businesses or merge with them. If such a change happens then any new owners may use your personal data in the same way as set out in this policy.

5.2 We will share information, without notice, only if we are required to do so by law or we, in the good faith, believe that such action is necessary to:

(a) comply with legislation or any legal process served on us;
(b) protect and defend our rights and/or property; and
(c) to protect personal safety.

5.3 We do not sell or trade any of the personal information which you have provided to us.

6. Details about transfers to countries outside of the UK

6.1 If any transfer of personal information by us will mean that your personal information is transferred outside of the UK then we will ensure that safeguards are in place to ensure that a similar degree of protection is given to your personal information, as is given to it within the UK and that the transfer is made in compliance with data protection laws (including where relevant any exceptions to the general rules on transferring personal information outside of the UK which are available to us – these are known as ‘derogations’ under data protection laws). We may need to transfer personal information outside of the UK to other organisations within our group or to the third parties listed above in section 5 who may be located outside of the UK.

7. We will only transfer information to countries that have been deemed to provide an adequate level of protection for personal data by the Information Commissioner’s Office. Where we use certain service providers we may use specific contracts approved by the Information Commissioner’s Office with the service provider which gives the information the same protection it has in the UK. For further info, see the Information Commissioner’s Office website Details about how we protect your personal information

7.1 We have put in place appropriate security measures to prevent information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to information to those of our staff and other third parties who have a business need to know (for example our sellers). They will only process information 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. Details about how long we will hold your personal information

8.1 We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 3 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims.

8.2 To determine the appropriate retention period for information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the information, the purposes for which we process the information and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, if you are a customer, we will generally keep your information for the longer of: (a) six years from the date of our last interaction with you; or (b) until the relevant statutory limitations period has expired.

8.3 We regularly review the information we hold, taking into account the lawful purpose for which we hold it, and any data that is deemed no-longer relevant or required is deleted where it is practicable to do so.

9. Your rights under data protection law

9.1 Under data protection laws you have certain rights in relation to your personal information, as follows:

( ) Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information which we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.
(a) Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.
(b) Right to erasure: (this is often called the “right to be forgotten”). This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.
(c) Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.
(d) Right to data portability: this right allows you to request us to transfer your personal information to someone else.
(e) Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation which means that you want to object to us processing your personal information. In certain circumstances you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).

9.2 In addition to the rights set out in section 8.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in section 3.4.

9.3 If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request then please note:

(a) we may need certain information from you so that we can verify your identity;
(b) we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and
(c) if your request is unfounded or excessive then we may refuse to deal with your request.

10. Marketing

10.1 You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.

10.2 However, we will give you the opportunity to manage how or if we market to you. In any e-mail which we send to you, we provide a link to either unsubscribe or opt-out, or to change your marketing preferences. If you have an account with us, you can login to your account and manage your preferences there too. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.

10.3 If you do request that we stop marketing to you, this will not prevent us from sending communications to you which are not to do with marketing (for example in relation to good and/or services which you have purchased from us or our sellers).

10.4 We do not pass your personal information on to any third parties for marketing purposes.

11. Complaints

If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.

12. Third Party Websites

Our website may contain links to third-party websites. If you click and follow those links then these will take you to the third party website. Those third-party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.