PRIVACY POLICY

1. Who Is Collecting My Personal Data?

THE 5TH Ltd. ("us," "we," or "our") offers and maintains the website(s) located at www.the5thfragrances.com, including all subdomains and subparts (collectively, the “Site”). When you visit the Site, you may choose to provide us with personal data that identifies you. This Privacy Policy explains how we process and use your personal data, and it applies regardless of how you access the Site. Please take time to read this Privacy Policy carefully. BY CHECKING THE BOX PROMPT BEFORE SUMITTING DATA TO US, YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL DATA SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY.

2. Definitions and interpretation

In this privacy policy, the following definitions are used:

Data

collectively all information that you submit to THE 5TH Ltd. via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

a small text file placed on your computer by this Website when you visit certain parts of the Website and /or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below ( Cookies);

Data Protection Laws

any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

GDPR

the General Data Protection Regulation (EU) 2016/679;

THE 5TH Ltd., we or us

THE 5TH Ltd., a company incorporated in England and Wales with registered number 11912541 whose registered office is at 210 Moor Lane, Upminster, Essex, RM14 1HQ;

UK and EU Cookie Law

the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

User or you

any third party that accesses the Website and is not either (i) employed by THE 5TH Ltd. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to THE 5TH Ltd. and accessing the Website in connection with the provision of such services; and

Website

the website that you are currently using, the5thfragrances.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

the singular includes the plural and vice versa;
references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
"including" is understood to mean "including without limitation";
reference to any statutory provision includes any modification or amendment of it;
the headings and sub-headings do not form part of this privacy policy.

3. Scope of this privacy policy

This privacy policy applies only to the actions of THE 5TH Ltd. and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
For purposes of the applicable Data Protection Laws, THE 5TH Ltd. is the "data controller". This means that THE 5TH Ltd. determines the purposes for which, and the manner in which, your Data is processed.

4. What Personal Data Do You Collect?

When you provide it to us, we collect information that identifies you (“Personal Data”), such as your:

Name
Email address
Address
Telephone number
Birthday
Payment information
Content of your email messages to us

When you visit the Site, we collect data from the device or browser through which you access the Site (“Log Data”), such as:

Your internet protocol (“IP”) address
Browser type
Browser version
Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site)
Information about how you came to the Site
Data collected through Cookies or other similar technologies discussed in more detail in our Cookie Policy.

Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.

5. How Do We Use Your Personal Data?

We use your Personal Data for the purposes for which you provided it, including to:

fulfill your product or service needs;
register your online account;
maintain our own accounts for billing and delivery;
advise you about products, services, offers, or events that may be of interest to you; and
provide customer service to you.

We may also use your Personal Data or Log Data to administer our internal business activities, including to:

design and arrange the Site in the most user-friendly manner;
better understand visitors to the Site;
create non-personally identifiable data to be used for marketing; and
manage your account.

In addition, we may use third-party services, such as Google Analytics, that collect, monitor, and analyze Log Data.

6. How Do You Share My Personal Data?

No Sale of Personal Data

We will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties after obtaining your consent. By checking the box prompt before submitting your Personal Data to us, you expressly consent to our sharing your Personal Data, as set forth below.

Sharing Personal Data With Affiliates, Successors, and Agents

For purposes consistent with this Privacy Policy, we may share your Personal Data with:

our parent companies, subsidiaries, and/or affiliates;
successors who acquire your Personal Data if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure;
other companies we engage to perform business-related functions, such as:
- marketing agencies;
- database service providers;
- backup and disaster recovery service providers;
- email service providers; and
- payment processors.

Third parties with whom we share your Personal Data have agreed to be bound to maintain and use it securely and only in accordance with this Privacy Policy.

Sharing Data Through Social Media

We work with social media sites like Facebook, YouTube, Instagram, Pinterest, Google+, and Twitter, and with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products, and generate interest in our products and services among members of your social networks.

If you use third party social media features available on our Site, we or the third party may collect or share your data, including your Personal Data. We consider information collected from or shared through any such social media features as public information because the third party social media sites made it publicly available. If you do not want us to be able to access information about you, including Personal Data, from Third Party Sites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites. We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.

Legally Compelled Disclosure of Personal Data

We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to:

comply with a legal obligation;
protect or defend our rights, interests, or property, or that of third parties;
prevent or investigate possible wrongdoing in connection with the Site;
act in urgent circumstances to protect the personal safety of users of the Site or the public; or
protect against legal liability.

7. Is My Personal Data Secure?

We secure your Personal Data by: keeping Personal Data up to date; storing and destroying it securely; not collecting or retaining excessive amounts of data; protecting Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures are in place to protect Personal Data. However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what Personal Data you send to us electronically.

Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: info@the5thfragrances.com.

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 HM Government and leading businesses.

8. Data retention

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.

Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

You have the following rights in relation to your Data:

Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase - the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
Right to data portability - the right to request that we move, copy or transfer your Data.
Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

To exercise any of these rights, please email us at info@the5thfragrances.com with the phrase “Privacy Opt-out” in the subject line and specify what you would like us to do (for example, Send me my data, Correct my data, Delete my data, etc.). To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages. You may also access and correct some of your Personal Data by logging into your online account, if you have one. If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site, such as promotions, product information, or opportunities.

If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

9. Transfers outside the European Economic Area

Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.

We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.

To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.

10. Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

11. How Do You Use Cookies?

This Website may place and access certain Cookies on your computer. THE 5TH Ltd. uses Cookies to improve your experience of using the Website and to improve our range of products and services. THE 5TH Ltd. has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling THE 5TH Ltd. to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

This Website may place the following Cookies:

Strictly necessary cookies - These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies - They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies - These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies - These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

12. What Data Is Not Covered By The Privacy Policy?

The limitations in and requirements of this Privacy Policy do not apply to:

Third Party Sites: Any data you disclosed on websites not operated or controlled by us (“Third Party Sites”), even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, Third Party Sites. We suggest contacting those sites directly for information about their privacy policies and practices.
Non-Personally Identifiable Data: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.
Aggregated Personal Data: Any aggregated Personal Data that can no longer be used to identify you will be treated as non-personally identifiable data under this Privacy Policy.

13. Do You Collect The Personal Data of Children?

We do not intentionally or knowingly collect any Personal Data from children under the age of thirteen (13), nor do we target our emails to them. Children under the age of thirteen (13) should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Data through the Site. If you believe a child under the age of thirteen (13) may have provided Personal Data to us through the Site, please contact us at info@the5thfragrances.com, and we will use reasonable efforts to delete it from the Site and our files.

14. What If You Change This Privacy Policy?

THE 5TH Ltd. reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. If we change this Privacy Policy, your checking the box prompt before submitting Personal Data to us will signify your express consent to new uses of your Personal Data.

15. General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

16. How Can I Resolve A Privacy Dispute With You?

If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint under the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use. BY CHECKING THE BOX PROMPT BEFORE SUBMITTING YOUR PERSONAL DATA TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS). THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD.

To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”). The Dispute Notice must be addressed to: THE 5TH Ltd., 210 Moor Lane, Upminster, Essex, RM14 1HQ and sent to us by certified mail as described in the Dispute Resolution section of the Site’s Terms of Use. If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.

17. How Can I Contact You?

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at info@the5thfragrances.com.