Privacy Notice

This is the Privacy Notice and Cookies Policy of Noir Online Limited (trading as Shops’ Noir) (referred to in this notice as ‘we’, ‘our’ or ‘us’)

We are registered as a company in England and Wales under registration number 10908477. Our registered office is at 27 Old Gloucester Street, Bloomsbury, London WC1N 3AX.

We are committed to safeguarding the privacy of our website users; in this Notice we explain how we will treat your personal information.

If you have any questions in relation to this Notice, or would like to exercise any of your rights described in this Notice, you can contact us:

(a)   by post, using the postal address given above;

(b)   using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)   by email, using the email address published on our website from time to time.

We will ask you to consent to our collection and use of your personal information and our use of cookies in accordance with the terms of this Notice and our Cookies Policy when you first visit our website.

If you wish to register as a seller of goods through our Website, you will, in accordance with our policy of partnering with Afro-Caribbean vendors, be asked to provide certain information related to race or ethnicity. We will seek explicit consent from you in relation to our processing of this personal information.

What personal information do we collect?

We may collect, store and use the following kinds of personal information:

(a)   information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b)   information that you provide to us when registering with our website, including your name, e-mail address, postal address and contact details;

(c)    information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(d)   information relating to any purchases you make of our goods (including your name, delivery address, payment address, telephone numbers, email address and card details);

(e)   information that you post to our website for publication on the internet (including your user name, profile pictures and reviews;

(f)    information contained in or relating to any communication that you send to us (including the communication content and metadata associated with the communication);

(g)   in relation to sellers of products on our Website, information related to race or ethnicity to satisfy our policy of partnering with Afro-Caribbean vendors; and

(h)   any other personal information that you choose to send to us.

You must not disclose to us the personal information of another person, unless you have first obtained that person’s consent to both the disclosure and the processing of that personal information in accordance with this Notice.

How do we use your personal information?

We may use your personal information to:

(a)   enable your use of the services available on our Website;

(b)   pass on your orders and payment information to sellers so they can supply goods to you;

(c)    send statements, invoices and payment reminders to you, and collect payments from you;

(d)   send you non-marketing commercial communications;

(e)   send you email notifications that you have specifically requested;

(f)    send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(g)   send you marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(h)   administer our website and business;

(i)    personalise our website for you;

(j)    analyzing shopping habits, success of advertisements and product and style preferences of customers in order to provide relevant marketing information to those who have agreed to this;

(k)   provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);

(l)    deal with enquiries and complaints made by or about you relating to our website;

(m)  keep our website secure and prevent fraud;

(n)   verify compliance with the terms and conditions governing the use of our website;

(o)   in relation to sellers of products on our Website, verifying race or ethnicity in accordance with our policy of partnering with Afro- Caribbean vendors; and

(p)   verifying the identify of Website users for security purposes.

3.3   If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

3.4   We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing. But please note below clause 4.4. in relation to Marketplace Information.

3.5   All our website financial transactions are handled through our payment services provider, PayPal]. You can review the provider’s privacy policy at https://www.paypal.com/gp/webapps/mpp/ua/privacy-full.

3.6   We do not use your personal data for any automated decision-making processes or profiling.

When might we disclose your personal information?

4.1   We may disclose your personal information to our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Notice. Such third parties will be subject to contractual obligation only to use such information for the purposes of performing services for us, and may not use the information for their own purposes.

4.2   We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this Notice.

4.3   We may disclose your personal information:

(a)   to the extent that we are required to do so by law;

(b)   in connection with any ongoing or prospective legal proceedings;

(c)    in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d)   to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e)   to any person whom we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

4.4

Marketplace Information

: when we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

4.4   Except as provided in this Notice, we will not provide your personal information to third parties.

Do we transfer personal data internationally?

5.1   Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this Notice.

5.2   Information that we collect may be transferred to the countries which do not have data protection laws equivalent to those in force in the European Economic Area as follows: we use a hosting service based in the USA.

5.3   Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

5.4   You expressly agree to the transfers of personal information described in this Section 5.

How long do we retain your personal information?

6.1   Our data protection policies and procedures are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

6.2   Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3   Without prejudice to Section 6.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a)   buyer and vendor registration details will be deleted after 12 months;

(b)   vendors who close their store will have their contact information available on our website for two months following closure for the benefit of buyers who may need to contact them during this period

(c)    sensitive personal data/ special categories of data will be deleted as once identity and race verification checks have been conducted.

6.4   Notwithstanding the other provisions of this Section, we will retain documents (including electronic documents) containing personal data:

(a)   to the extent that we are required to do so by law;

(b)   if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c)    in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

6.5   We note that we keep information, which forms part of our business record for a minimum of six years. That is because we may need it to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

  1. Security of personal information

7.1   We will take reasonable technical and organisational precautions to prevent the loss, misuse or unauthorized alteration of your personal information.

7.2   We will store all the personal information you provide on our secure SSL servers.

7.4   Financial information related to your credit or debit cards is never taken by us through our Website or otherwise. At the point of payment, you are transferred to PayPal or another third party payment service provider This site is not controlled by us and we do not have access to it.

7.4   You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

7.5   You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

  1. Do we collect or process the personal data of children?

9.1   We do not market or sell products to anyone under the age of 18 years. We do not use sellers under 18 years of age. Only those over the age of 18 may use our Website.

9.2   If a user of our Website discloses to us the personal information of a person under 18 years of age, they must have the consent of the person with parental responsibility for the child to us processing that personal information.

  1. Amendments

8.1   We may update this Notice from time to time by publishing a new version on our website.

8.2   You should check this page occasionally to ensure you are happy with any changes to this Notice.

8.3   We may notify you of changes to this Notice by email.

  1. Your rights

9.1   You can find out what personal information we hold about you by contacting us as described above. We will require appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

9.2   Having reviewed the personal information we hold about you, you may:

(a) request amendment or rectification of any inaccuracies,

(b) request the erasure of such information

(c) request restrictions on what we can do with the information or object to    specific processing e.g. marketing to you.

(d) advise that you withdraw consent to particular processing of the information.

9.3   Any advice to withdraw consent under 9.2 will not affect the prior processing of your personal information with consent.

9.4   You can notify withdrawal of consent by contacting us using any of the methods described at the beginning of this notice.

9.5.  You will be deemed to have withdrawn your consent within two business days of our receipt of your notice.

9.4   We may not be able to remove or erase personal information in circumstances where we have a legal requirement to retain such information, or require the information to provide the services requested by you, although we can limit further use of the information to retaining the information for those purposes.

9.5   We may withhold personal information that you request to the extent permitted by law.

9.6   Without limiting any of the above, you may instruct us at any time not to process your personal information for direct marketing purposes.

9.7   We also provide you with an opportunity, when you first use our website, to opt out of the use of your personal information for direct marketing purposes.

9.8   You have a right to lodge a complaint with the Information Commissioner’s Office or other applicable supervisory authority in relation to how we deal with your personal information and you requests under this section.

9.9   We are registered as a data controller with the UK Information Commissioner’s Office. Our data protection registration number is ZA091471.

  1. Third party websites

10.1 Our website includes hyperlinks to, and details of, third party websites.

10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

  1. Updating information

11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

  1. About cookies

12.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

12.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

12.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

12.4 Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

  1. Our cookies

13.1 Please see our Cookies Policy, in relation to the use of Cookies on Our Website and how to manage your preferences in relation to the use of Cookies.