Privacy Notice

This Privacy Notice comes into effect on 25th May 2018. Please click here to view our previous Privacy Policy.

Background

Nicki James Limited (trading as ‘Branding by Nicki’) understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, https://brandingbynicki.co.uk (“Our Site”) and our Clients and Customers and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.

Please read this Privacy Notice carefully and ensure that you understand it. Your acceptance of Our Privacy Notice is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Notice, you must stop using Our Site immediately.

Nicki James Limited will never sell your data to anyone and strictly complies with EU law.

Nicki James Limited does not store or transfer any data outside of the EEA.

1. Definitions and Interpretation

In this Privacy Notice, the following terms shall have the following meanings for your understanding:

“Account”

means an account required to access and/or use certain areas and features of Our Site;

“Cookie”

means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;

“Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

“personal data”

means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and

“We/Us/Our”

means Nicki James Limited 15 Sanderling Close, East Tilbury, Essex RM18 8FF

2. Information About Us

Our Site is owned and operated by Nicola Louise James of 15 Sanderling Close, East Tilbury, Essex RM18 8FF.

Type of Business: Limited Company registered in England & Wales under company number 11048017.

Registered address: 15 Sanderling Close, East Tilbury, Essex. RM18 8FF

Main Trading Address: 15 Sanderling Close, East Tilbury, Essex. RM18 8FF.

Email address: nicki@brandingbynicki.co.uk.

Postal Address: 15 Sanderling Close, East Tilbury, Essex. RM18 8FF.

3. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

This Privacy Notice applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy notices of any such websites before providing any data to them.

4. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 6, below.

5. What are my rights?

5.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:

5.1.1 The right to be informed about Our collection and use of personal data;

5.1.2 The right of access to the personal data We hold about you (see section 13);

5.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 17);

5.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 7 but if you would like Us to delete it sooner, please contact Us using the details in section 17);

5.1.5 The right to restrict (i.e. prevent) the processing of your personal data;

5.1.6 The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases;

5.1.7 The right to object to Us using your personal data for particular purposes; and

5.1.8 Rights with respect to automated decision making and profiling.

5.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 17 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.

5.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.

6. What Data Do We Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us outlined below):

When you visit https://brandingbynicki.co.uk/ we collect the following data with your consent;

  • Browser Location;
  • IP Address;
  • Which website you visited before the session;
  • Which website you visited after the session;
  • How long your session lasted;
  • Which pages you visited during your session.

When you visit https://brandingbynicki.co.uk/ and use the contact form to get in touch or sign up to our Newsletter we collect the further following data with your consent or based on a legitimate interest;

  • Name;
  • Email Address;

When you contact us using Social Media messaging apps ( for e.g; Facebook Messenger ) we collect the following data;

  • Social Media URL(s)

When you demonstrate an interest in using our services or enter into contract for services provided by us, we request to collect some or all of the following data;

  • Name;
  • Address;
  • Business address;
  • Email address;
  • Telephone number;
  • Business name;
  • Company registration details;
  • VAT number;
  • Job title;
  • Profession;
  • Payment information;
  • Social media details
  • Hosting provider details
  • Domain provider details
  • Website URL
  • Information about your preferences and interests;

7. How Do We Use Your Data?

7.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security see section 8, below.

7.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data, or because it is in Our legitimate interests.

Specifically, We may use your data for the following purposes:

7.2.1 Providing and managing your Account;

7.2.2 Providing and managing your access to Our Site;

7.2.3 Personalising and tailoring your experience on Our Site;

7.2.4 Supplying Our products and services to you (please note that We require your personal data in order to enter into a contract with you);

7.2.5 Personalising and tailoring Our products and services for you;

7.2.6 Replying to emails and messages from you;

7.2.7 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by clicking on the ‘unsubscribe’ link at the  bottom of Our emails);

7.2.8 Market research;

7.2.9 Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience;

7.2..10 Responding and communicating with you on particular social media platforms or apps you contact us through first.

7.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message, or post with information, news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

7.4 Third parties whose content appears on Our Site may use third party Cookies, as detailed below in section 14. Please refer to section 14 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy notices of any such third parties.

7.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.

7.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):

7.6.1 Information obtained via opt-in forms (with added newsletter opt-in) will be retained for six months from last engagement (email open);

7.6.2 Information obtained via opt-in forms (without added newsletter opt-in) will be retained for six months from last engagement (email open);

7.6.3 Information obtained via contact forms will be retained for 12 months from last correspondence;

7.6.4 Information obtained via Cookies used for Analytics will be retained for 30 days following your last visit to Our website;

7.6.5 Information obtained via social media messaging services and apps ( for e.g; Facebook Messenger ) will be retained for 90 days following last correspondence;

7.6.5 Information obtained via Cookies used for marketing and advertising will be retained for 90 days following your last visit to Our website;

7.6.6 Information obtained under any contractual arrangement (for e.g. Clients and Customers) will be retained for 36-months from last correspondence.

8. How and Where Do We Store Your Data?

8.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.

8.2 Your data will only be stored in the UK.

8.3 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.

8.4 Steps We take to secure and protect your data include:

8.4.1 Our website search engine is powered by Relevanssi. Search queries and results are logged anonymously to help us improve our website and search functionality. No user-specific data is collected by either Nicki James Limited or any third party

8.4.2 We use Transport Layer Security (TLS) to encrypt and protect email traffic in line with government. If your email service does not support TLS, you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.

8.4.3 Our website contact forms are powered by third-party provider, Contact Form 7 and store no personal data. For more information, please see see Contact Form 7’s privacy notice.

8.4.4 We use Transport Layer Security (TLS) to encrypt and protect all direct email traffic in line with government. If your email service does not support TLS, you should be aware that any emails we send or receive may not be protected in transit. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.

8.4.5 We use a third party provider, ActiveCampaign, to deliver our e-newsletters, content updates and offers. We gather statistics around email opening and clicks using industry standard technologies including clear gifs to help us monitor and improve our e-newsletter. For more information, please see ActiveCampaign’s privacy notice.

8.4.6 Our website uses third party services including Paragon Internet Group t/a Tsohost , WPMU DEV and Advanced Custom Fields to help host, create content for, and maintain the security and performance of Our website. To deliver this service it processes the IP addresses of visitors to the Our website.

See Paragon Internet Group t/a Tsohost’s privacy notice, WPMU DEV’s privacy notice and Advanced Custom Fields privacy notice for more information. privacy noticeThrive Themes privacy notice, WPMU DEV’s privacy notice

8.4.7 Our website is built on the WordPress.org framework, but also uses some plugins and services hosted at WordPress.com, which is run by Automattic Inc. WordPress requires visitors that want to post a comment to enter a name and email address. For more information about how WordPress processes data, please see Automattic’s privacy notice.

8.4.8 We use third-party services Trello, Inc. and Dropbox International Unlimited Company to manage projects and collaborate with contractors when providing services (for e.g. web design and development services).

You can read more about Trello, Inc. Privacy Notice here and Dropbox International Unlimited Company’s Privacy Notice here.

9. Do We Share Your Data?

9.1 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data.

We use Xero Accounting and Green Zebra Business Solutions for our accounts.

We use LouPemberton DotCom for our web development contracts.

Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

9.2 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.

9.3 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

10. What Happens If Our Business Changes Hands?

10.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.

10.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.

11. How Can You Control Data?

11.1 In addition to your rights under the GDPR, set out in section 5, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details).

11.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

12. Your Right to Withhold Information

12.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

12.2 You may restrict Our use of Cookies. For more information, see section 14 and Our Cookie Policy https://brandingbynicki.co.uk/cookie-policy/.

13. How Can You Access Your Data?

You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at nicki@brandingbynicki.co.uk, or using the contact details below in section 17.

14. Our Use of Cookies

14.1 Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

14.2 By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Site for marketing and advertising services. For more details, please refer to section 6, above, and to section 13.6 below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

14.3 All Cookies used by and on Our Site are used in accordance with current Cookie Law.

14.4 Before Cookies are placed on your computer or device, you will be shown a banner along the bottom of your screen requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. You will be given the opportunity to allow only first party Cookies and block third party Cookies.

14.5 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 14.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 14.10, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

14.6 The following first party Cookies may be placed on your computer or device:

Name of Cookie

Identifier

Default Expiration Time

Purpose

Strictly Necessary

__utma Google Analytics 2 years from set/update

Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics.

Yes

__utmt

Google Analytics 10 minutes

Used to throttle request rate.

Yes

__utmb

Google Analytics 30 mins from set/update

Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.

Yes

__utmc

Google Analytics End of browser session

Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.

Yes

__utmz

Google Analytics 6 months from set/update

Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.

Yes

__utmv

Google Analytics

Google Analytics

2 years from set/update

Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVarmethod. The cookie is updated every time data is sent to Google Analytics.

Yes

wp-settings-1

WordPress 1 year from set/update

WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.

Yes

wp-settings-time-1

WordPress 1 year from set/update

These cookies have no impact on your user experience, and store no personal information. They contain some information about your general geographic location. These cookies are automatically added by the software that runs this website, but we do not use them in any way.

Yes

and the following third party Cookies may be placed on your computer or device:

Name of Cookie

Provider

Purpose

tl-conv-2

Thrive Themes

tl_conversion_262

Thrive Themes

DYNSRV

TSO Host

used for load balancing to manage server traffic demand.

14.7 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

The Google Analytics privacy notice can be found here. You can learn more about how to opt-out of tracking in Google Analytics here.

14.8 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.

14.9 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

14.10 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

14.11 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

14.12 We may utilize social media and web advertising campaigns. These service providers use cookies on our sites and/or pixel tracking to serve ads across the different platforms.

15. Links to Other Sites

This privacy notice does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

16. Changes to Our Privacy Notice

We may change this Privacy Notice from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Notice on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

This Privacy Notice was last updated May 2018.

17. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact us by email at nicki@brandingbynicki.co.uk,  or by post at 15 Sanderling Close, East Tilbury, Essex RM18 8FF. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you.

Please allow up to 72 hours for a response.