Loveiom.com (our website) is provided by IOM Gift Card Limited trading as LoveIOM, and is operated on behalf of the Isle of Man Government Department of Enterprise, (‘we’, ‘our’ or ‘us’). We are the controller of personal data obtained via our website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the IOM General Data Protection Regulation (IOM GDPR).
Given the nature of our website, we do not expect to collect the personal data of anyone under 13 years old. If you are aware that any personal data of anyone under 13 years old has been shared with our website please let us know so that we can delete that data.
- What this policy applies to
- Personal data we collect about you
- How your personal data is collected
- How and why we use your personal data
- Who we share your personal data with
- How long your personal data will be kept
- Transferring your personal data out of the IOM
- Cookies and other tracking technologies
- Your rights
- Keeping your personal data secure
- How to complain
- How to contact us
- Do you need extra help?
What this policy applies to
Throughout our website we may link to other websites owned and operated by certain trusted third parties. Those third party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third party websites, please consult their privacy policies as appropriate.
Personal data we collect about you
The personal data we collect about you depends on the particular activities carried out through our website. We will collect and use the following personal data about you:
- your name, address and contact information, including email address, telephone number and company details
- information to check and verify your identity, e.g. date of birth
- your gender, if you choose to give this to us
- location data, if you choose to give this to us
- your billing information, transaction and payment card or other payment method information
- details of any information, feedback or other matters you give us by phone, email, post or via social media
- your account details, such as username and login details
- your activities on, and use of, our website
- your contact history, purchase history and saved items
- information about how you use our website and technology systems
- your responses to surveys, competitions and promotions
If you do not provide personal data we ask for where we required it may prevent us from providing products and services to you.
We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.
How your personal data is collected
We collect personal data from you:
- directly, when you enter or send us information, such as when you register with us, contact us (including via email), send us feedback, purchase products or services via our website, post material to our website and complete customer surveys or participate in competitions via our website, and
- indirectly, such as your browsing activity while on our website; we will usually collect information indirectly using the technologies explain in the section on ‘Cookies and other tracking technologies’ below
We also collect personal data about you from other sources as follows:
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason, e.g.:
- where you have given consent
- to comply with our legal and regulatory obligations
- for the performance of a contract with you or to take steps at your request before entering into a contract, or
- for our legitimate interests or those of a third party
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).
The table below explains what we use your personal data for and why.
See ‘Who we share your personal data with’ for further information on the steps we will take to protect your personal data where we need to share it with others.
We may use your personal data to send you updates (by email, telephone or post) about our products AND/OR services, including exclusive offers, promotions or new products AND/OR services.
We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. However, where consent is needed, we will ask for this separately and clearly.
You have the right to opt out of receiving marketing communications at any time by:
- contacting us at [email protected]
- updating your marketing preferences by visiting the link at the bottom of the inbound email
We may ask you to confirm or update your marketing preferences if you ask us to provide further products AND/OR services in the future, or if there are changes in the law, regulation, or the structure of our business.
We will always treat your personal data with the utmost respect and never sell it with other organisations outside the company for marketing purposes.
For more information on your right to object at any time to your personal data being used for marketing purposes, see ‘Your rights’ below.
Who we share your personal data with
We routinely share personal data with:
- third parties we use to help deliver our products AND/OR services to you, e.g. payment service providers, warehouses and delivery companies
- other third parties we use to help us run our business, e.g. marketing agencies or website hosts and website analytics providers
- our bank
- our payment services provider
We only allow those organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.
We or the third parties mentioned above may occasionally also need to share personal data with:
- external auditors, e.g. in relation to the audit of our accounts, in which case the recipient of the information will be bound by confidentiality obligations
- professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
- law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
- other parties in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible, however, the recipient of the information will be bound by confidentiality obligations
If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).
How long your personal data will be kept
We will not keep your personal data for longer than we need it for the purpose for which it is used. For example,we retain transaction data only as long as is required by our payment processor
Different retention periods apply for different types of personal data.
If you stop using your account we will delete or anonymise your account data after seven years.
Following the end of the of the relevant retention period, we will delete or anonymise your personal data.
Transferring your personal data out of the IOM
The EEA, IOM and other countries outside the EEA and the IOM have differing data protection laws, some of which may provide lower levels of protection of privacy.
It is sometimes necessary for us to share your personal data to countries outside the IOM and EEA. In those cases we will comply with applicable IOM and EEA laws designed to ensure the privacy of your personal data.
For example we will transfer your personal data to:
- our service providers located outside the IOM in the Republic of Ireland and the United States of America
As we are based in the IOM we will also transfer your personal data from the EEA to the IOM.
We will also ensure all protections required by applicable IOM and EEA laws are in place before transferring personal data to any organisation or body (or its subordinate bodies) governed by public international law or set up by, or on the basis of, an agreement between two or more countries (international organisations). We may transfer your personal data to the following international organisations PayPal, GiftUp.
Under data protection laws, we can only transfer your personal data to a country outside the IOM/EEA or to an international organisation where:
- in the case of transfers subject to IOM data protection law, the IOM government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the IOM GDPR. A list of countries the IOM currently has adequacy regulations in relation to is available and includes the Republic of Ireland, and the United States of America.
- in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of the EU GDPR. A list of countries the European Commission has currently made adequacy decisions in relation to is available on request.
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or
- a specific exception applies under relevant data protection law
Where we transfer your personal data outside the IOM we do so on the basis of an adequacy. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the IOM unless we can do so on the basis of an alternative mechanism or exception provided by IOM data protection law.
For further information about such transfers and the safeguards we employ, including to obtain a copy of the e.g. standard data protection clauses, please contact us OR our Data Protection Officer (see ‘How to contact us’ below).
Cookies and other tracking technologies
You generally have the following rights, which you can usually exercise free of charge:
For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the IOM’s Information Commissioner on your rights under the IOM GDPR.
If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:
- provide enough information to identify yourself (e.g. your full name, address and customer or matter reference number) and any additional identity information we may reasonably request from you, and
- let us know which right(s) you want to exercise and the information to which your request relates
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by IOM Government and leading businesses.
How to complain
Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner.
The IOM’s Information Commissioner may be contacted at https://www.inforights.im/complaint-handling/how-to-make-a-complaint-to-the-information-commissioner/ or by telephone: 0303 123 1113.
How to contact us
Our contact details are shown below:
Do you need extra help?
If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).