PRIVACY POLICY
Last Updated: November 18, 2024, effective date December 1, 2024
We are Manhead LTD with registered address at 55 Loudoun Road, London, NW8 0DL, United Kingdom. Our Data Protection Lead can be contacted at support@manheadmerch.com. We have produced this privacy notice in order to keep you informed of how we handle your personal data. All handling of your personal data is done in compliance with the General Data Protection Regulation (EU) 2016/679 (“Data Protection Legislation” or “GDPR”). The terms “Personal Data”, “Special Categories of Personal Data”, “Personal Data Breach”, “Data Protection Officer”, “Data Controller”, “Data Processor”, “Data Subject” and “process” (in the context of usage of Personal Data) shall have the meanings given to them in the Data Protection Legislation. “Data Protection Lead” is the title given to the member of staff leading our data protection compliance programme in lieu of a requirement for a Data Protection Officer.
What are your rights under GDPR?
When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:
- The right to be informed of how your Personal Data is used (through this notice);
- The right to access any personal data held about you;
- The right to rectify any inaccurate or incomplete personal data held about you;
- The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy;
- The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
- The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.
You can exercise your right to access personal data held about you by emailing info@manheadmerch.com with the subject line: “Subject Access Request”. When you submit a ‘subject access request’, you will need to provide confirmation of your identity by contacting us using the email address associated with your profile. This is provided free of charge and our response will be made within thirty (30) days unless our Data Protection Lead deems your request as being excessive or unfounded. If this is the case, we will inform you of our reasonable administration costs in advance and/or any associated delays, giving you the opportunity to choose whether you would like to pursue your request. If you believe we have made a mistake in evaluating your request, please see the section ‘Who can you complain to?’.
If you have questions about any of the rights mentioned in this section, please contact our Data Protection Lead at info@manheadmerch.com.
What are your rights under the CCPA?
You have the right under the California Consumer Privacy Act of 2018 (“CCPA") and certain other privacy and data protection laws, as applicable, to exercise free of charge:
You have the right to know:
- • The categories of personal information we have collected about you;
- • The categories of sources from which the personal information is collected;
- • Our business or commercial purpose for collecting or selling personal information;
- • The categories of third parties with whom we share personal information, if any; and
- • The specific pieces of personal information we have collected about you.
Please note that we are not required to:
- • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
- • Provide the personal information to you more than twice in a 12-month period.
In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
- The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
- The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, email our Data Protection Lead at info@manheadmerch.com.
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
Please note that we may not delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.
How to Exercise Your Rights Under the CCPA.
If you would like to exercise any of your rights as described in this Privacy Policy, please:
- Email or write to us at info@manheadmerch.com or Manhead LLC, attn: Data Privacy Lead, 953 Main St., Ste. 101, Nashville, TN 37206.
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact directly by email or in writing, you will need to provide us with:
- Enough information to identify you [(e.g., your full name, address and customer or matter reference number))];
- Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
- A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
Who is the Data Controller?
- If we have been passed your personal data from a third-party for a joint purpose that we both influence, we are the joint Data Controller. We will contact you to let you know before we first start to use your data, or, at the latest, within one month of acquiring it.
- If your data has been passed to us by a third party for processing under their instruction, that third party is the Data Controller. Please refer to their own privacy notices. For a list of Data Controllers that we process personal data for, the section below ‘Third Party Interests’.
What are the lawful bases for processing personal data?
Under Data Protection Legislation, there must be a ‘lawful basis’ for the use of personal data. The lawful bases are outlined in Article 6, Section 1 of the GDPR. They are sub- sections:
- ‘your consent’;
- 'performance of a contract';
- 'compliance with a legal obligation';
- 'protection of your, or another’s vital interests';
- ‘public interest/official authority’; and
- 'our legitimate interests'.
What are Manhead Merchandise LTD’s ‘legitimate interests’?
Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Lead. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest. If you would like to find out more about our legitimate interests, please contact info@manheadmerch.com.
We might collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
Identity Data such as names, usernames or similar; marital status; title; date of birth; sex and gender.
Contact Data such as addresses; email addresses and telephone numbers.
Financial Data such as bank account and/or payment card information.
Transaction Data such as information about payments and details of purchases you have made.
Technical Data such as IP addresses; login data; browser info; time zone; geographic.location; browser plug-ins; operating systems; platforms and other technology on the device used to access this website.
Profile Data such as usernames; passwords; security answers; purchases/orders; interests; preferences; feedback and responses to surveys, blogs and messages.
Usage Data such as analytics relating to how you use the website.
Marketing and Communications Data such as your preferences about receiving communications from us or third parties.
Special Categories of Data such as details about race or ethnic origins, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic or biometric data.
We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data can be derived from your Personal Data but is not itself Personal Data as it cannot be used to reveal your identity. If Aggregated Data is ever used in combination with your Personal Data and becomes identifiable, it will be treated in accordance with this notice.
Manhead LLC does not collect any Special Categories of Personal Data about you or any information about criminal convictions/offences.
Reference
What categories of information about you do we process?
Why are we processing your data?
Where did we get your personal data from?
Fan Community Management (including sign- up mailing lists, chat rooms and forums)
- Identity Data
- Contact Data
- Technical Data
- Profile Data
- Marketing and Communications Data
If you join one of our fan communities, we will use your personal data to contact you with updates related to the subject of the mailing list or forums that you have subscribed to, as well as occasionally running competitions or other community events and offering exclusive content and offers to you. These messages and websites might contain cookies, web- beacons, unique identifiers or similar to monitor our marketing distribution. This processing is conducted lawfully on the basis of 'performance of a contract'. Directly obtained at the point of sale. Ecommerce Sales · Identity Data · Contact Data
Directly obtained at the point of sale.
Ecommerce Sales
- Identity Data
- Contact Data
- Transaction Data
Whenever we sell you a product, such as music, merchandise or tickets, we use your personal data in order to manage your order, process payments and make sure that you receive your products. This processing is conducted lawfully on the basis of 'performance of a contract'.
Directly obtained at sign-up.
Direct Marketing
- Identity Data
- Contact Data
- Transaction Data
- Technical Data
- Marketing and Communications Data
If you are a current or previous customer - providing that you haven't opted-out before or since we collected your personal data - we may occasionally send you marketing related to the products that you purchased. These messages might contain cookies, web- beacons, unique identifiers or similar to monitor our marketing distribution. This processing is conducted lawfully on the basis of 'our legitimate interests'.
Directly obtained at sign-up.
Customer Service
- Identity Data
- Contact Data
- Transaction Data
- Any unsolicited data you provide as part of your query
If you wish to contact us regarding an aspect of our service, including complaints or enforcing your consumer rights in relation to a product or service that we have sold you, we will use your personal data in order to investigate a claim, evaluate your needs and/or possibly take action, such as sending you a replacement product. This processing is conducted lawfully on the basis of 'performance of a contract'.
Directly obtained at the point of sale, and at the time of enquiry (if applicable).
B2B Relations
- Identity Data
- Contact Data
If you are an employee of one of our European business partners, we may use your personal data to communicate with you and your business about achieving our respective business objectives. This processing is conducted lawfully on the basis of 'performance of a contract'.
Directly obtained from you or referred to us by one of yours or our partners.
What happens if I refuse to give Manhead Merchandise LTD my personal data?
We process some personal information as part of a contractual relationship with a Data Controller. Any requests to restrict this type of processing should be forwarded to the Data Controller; they will be responsible for discussing your concerns and making any decisions.
What do we do with Cookies?
Our website uses cookies. A cookie is a small file of letters and numbers that is stored on your device when you visit a website. Cookies are useful as they help us to provide you with a good experience when you browse our site, for example by storing your preferences and maintaining your shopping cart. They also help us to improve the site. By continuing to browse the site, you are agreeing to our use of cookies, and you accept that cookies (as listed below) may be used. Please note that information gathered by the cookies on our site is anonymous and cannot be used to identify you personally.
We use the following types of cookie:
-
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 and
to use a shopping cart. - 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.
- 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. Some of these are third party cookies which analyse website usage.
- Targeting cookies.These cookies record your visit to our website, the pages you have visited and the links you have followed. We use this information to make our website and the advertising displayed on it more relevant to your interests. This information is anonymous and cannot identify you personally, but we may share it with third parties to help tailor advertising to your particular interests.
You can block cookies by activating settings on the website browser that you are using. However, if you use the settings to block all cookies (including essential cookies) you may not be able to fully access all areas of our website.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
What profiling or automated decision making does Manhead LTD perform?
Manhead LTD does not perform any profiling or automated decision making based on your personal data.
How long will your personal data be kept?
Manhead LTD holds different categories of personal data for different periods of time. Wherever possible, we will endeavour to minimise the amount of personal data that we hold and the length of time for which it is held.
- If we process your data on the basis of ‘legitimate interests’, we will retain your data for as long as the purpose for which it is processed remains active. We review the status of our legitimate interests every twelve (12) months and will update this notice whenever we determine that either a legitimate interest no longer exists or that a new one has been found.
- All categories of personal data that are held by us because they are essential for the performance of a contract, will be held for a period of two (2) years, as determined by statute of limitations for Tennessee for the purposes of exercising or defending legal claims.
Who else will receive your personal data?
Manhead LTD passes your data to the third parties listed in the section ‘Third Party Interests’ below.
Does your data leave the EU?
Yes. Details are included in the section ‘Third Party Interests’ below.
Third Party Interests
Data Controllers
Name/Category of Third Party Controller
What processing are we performing for them?
If applicable - who is their representative within the EU?
Client Controllers
We provide the services outlined above (‘Ecommerce Sale’, ‘Fan Community Management’ and ‘Customer Services’)
N/A
Regulatory authorities
We are joint Controller with these authorities who require reporting of processing in some situations.
N/A
Ticketing Partners
We provide ticketing services alongside certain ticketing providers. We will always keep you informed at the point of sale where your data is being shared with another company.
N/A
Postal/courier providers
Where these providers act as Data Controller, we are joint Controller with them for the purposes of order fulfilment.
N/A
Payment Services Providers
We use these providers so that we can take electronic or card payments securely and without the requirement for you to disclose this data to us.
Please refer to the Privacy Notices of the specific payment provider applicable to your service.
Our Data Processors
Name/Category of Third Party Processor
Purposes for carrying out processing?
If applicable – where does data leaving the EEA go and what safeguards are in place?
Web hosting providers
Website hosting, including the storage of data forming the website content and processing your Technical Data (and Profile Data, where applicable) in order to provide you with access to our websites.
In the interests of providing a quality service, we use providers located in the United States. These providers are either Privacy Shield certified or bound by the contractual provisions of the EU Commissions model clauses.
Internal technology providers
- · Software providers, whose services we use in order to manage our business with you.
- Telephony providers.
- · Office software providers, such as email clients.
In the interests of providing a quality service, we use providers located in the United States. These providers are either Privacy Shield certified or bound by the contractual provisions of the EU Commissions model clauses.
Marketing technology providers
Providers who enable us to send you our marketing emails and push targeted web advertising.
In the interests of providing a quality service, we use providers located in the United States. These providers are either Privacy Shield certified or bound by the contractual provisions of the EU Commissions model clauses.
Who can you complain to?
In addition to sending us your complaints directly to info@manheadmerch.com, you can send complaints to our supervisory authority. As Manhead LTD predominantly handles the personal data of UK nationals, our supervisory authority is the Information Commissioner’s Office. If you believe that we have failed in our compliance with data protection legislation, complaints to this authority can be made by visiting https://ico.org.uk/concerns/.
Text marketing: With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
