FRESCA GROUP PRIVACY NOTICE
1. What is the purpose of this notice and who does it cover?
1.1. This privacy notice (Notice) gives you information about how the Fresca Group Limited (please refer to section 15 for the list of the Fresca Group entities) (the Fresca Group, we, us or our) collects and processes your personal data, when you use visit our Website (please refer to section 15 for the list of the Fresca Group websites) referred to in this notice as (the Website).
1.2. Our services and our website are not intended for children, and we do not knowingly collect personal data relating to children. References in this notice to ‘’you’’ or ‘’your’’ are references to individuals whose personal data we process.
2. Who can I contact if I have any questions?
If you have any questions about this notice or the information we hold about you, including any requests to exercise your rights under data protection law, please contact us, using via email on dataprotection@frescagroup.co.uk.
3. What happens if this notice is updated or my personal data changes?
3.1. This version of the Notice was last updated on 28th November 2022 and any historic versions can be obtained by contacting us at dataprotection@frescagroup.co.uk.
3.2. We will publish any changes to this Notice on our Website and where necessary we will also send you a copy via email.
3.3. It is important that the personal data that we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. The personal data we collect about you
4.1. Personal data is any information which directly or indirectly identifies an individual, for example, your name, address, email address or contact details. This does not include any information that does not, and cannot be used to, identify an individual.
4.2. You give us your personal data through your use of our Website or when you visit one of our premises in person.
4.3. We also collect personal data from you indirectly such as your browsing activity while on our Website. Please see the Cookie Section below for more information.
4.4. We also collect personal data from other sources as set out below.
4.5 Personal data collected directly from you: The personal data we collect about you depends on the particular activities carried out through our website or when you visit one of our premises.
This information includes:
Identity Data |
Your name, title, username or similar identifier. |
Image Data |
CCTV footage within our premises.
Vehicle registration number and details (via Automatic Number Plate Recognition (ANPR) systems where it is in operation at our premise car parks).
|
Contact Data |
Your address and contact details, including email address and telephone numbers. |
Privacy Preferences |
Details of your preferences about receiving communications from us including marketing communications. |
Technical Data |
Information gathered during your use of our website such as your IP address, the domain name from which you are accessing the server. |
Marketing and Communications Data |
Your marketing and communication preferences. We also track when you receive and read marketing communications from us, which information we use to improve our marketing services, provide you with more relevant information and improve the quality of our marketing materials. |
Profile Data |
Information collected progressively when you visit our site including your referral website, pages you visit, actions you take, patterns of page visits and information from forms you fill in. |
Usage Data |
Information about how you use our website. |
4.6. We do not collect any financial information on our website.
5. What happens if you do not supply your personal data?
5.1. You are under no statutory or contractual obligation to provide personal data during your use of our website or in your interactions with us. However, if you do not provide us with your personal data we may not be able to use the website effectively, provide a response or fulfil your online request.
6. Purposes and legal basis for which we will use your personal data
6.1. The table below describes the ways in which we use your personal data and the legal bases we rely on to do so. Where appropriate we have also set out our legitimate interests in processing your personal data.
Individual |
Purpose and/or activity |
Type of data |
Legal basis for processing |
All website visitors |
Personalising and tailoring the website – delivering relevant content to you, to measure or understand the effectiveness of the content we serve to you. |
Profile Data |
Legitimate Interest – we have a legitimate interest in personalising and tailoring the website to provide users with the best experience. |
All website visitors |
Managing your preferences. |
Privacy Preferences |
Legal Obligation |
All website visitors |
Managing and improving our website. |
Technical Data |
Legitimate Interest – we have a legitimate interest in creating an effective website for the benefit of our users and ultimately to benefit our organisation. |
All website visitors |
Creating user profiles. These are used to help us improve the content, design and performance of our website. |
Technical Data, Identity Data and Contact Data |
Legitimate interest – we have a legitimate interest in creating an effective website and to tailor content for the benefit of our users and ultimately to benefit our organisation and provide relevant content to website users. |
All website visitors, who sign up for marketing |
Sending you marketing emails. |
Contact Data, Marketing and Communications Data |
Consent |
Individuals contacting us with enquiries |
To respond to enquiries received from individuals |
Contact Data |
Legitimate Interests – we have a legitimate interest to respond to enquiries that are sent to us for the benefit of the individual making the enquiry and to aid understanding. |
Individuals visiting ones of our premises |
To provide a safe environment at our sites and to maintain footage in the case of legal proceedings |
Image Data |
Necessary for our legitimate interests to provide a safe and secure environment for our visitors and to maintain appropriate records in the event that we need to commence and manage any legal proceedings |
Individuals visiting ones of our premises |
To make a record of any visitors to our site. |
Contact Data |
Legal obligation |
7. How long will personal data be retained?
7.1. We keep personal data that we obtain about you for no longer than is necessary for the purposes for which it is collected. How long we keep your information will depend on the nature of the information concerned and the purposes for which it is processed.
8. Sharing your personal data
8.1. The Fresca Group may share your personal data with third-party processors who provide services to us. These services include third parties who provide outsourced operational services to us and other companies, within the Fresca Group.
8.2. We may share your personal data with organisations where we have a legal obligation, contract or other legitimate interest to do so.
8.3. Your personal data may be transferred to other third-party organisations in certain scenarios, for example:
(a) if we are discussing selling or transferring part or all of our business, personal data may be transferred to prospective purchases under suitable terms as to confidentiality;
(b) if we are reorganised or sold, personal data may be transferred to a buyer who can continue to provide services to you;
(c) if we are required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority, for example the police, we may need to share your personal data; or
(d) if we are investigating or defending any legal claims your personal data may be transferred as required in connection with defending such investigations and/or claims.
9. Transferring data overseas
9.1. In some cases, we may need to transfer personal data outside United Kingdom (UK). Where this is the case, we will only share the minimal amount of personal data necessary for the purpose of processing and, where possible, we will share the personal data in an anonymised form.
9.2. Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
(a) we may transfer your personal data to countries for whom there has been an adequacy by the UK Secretary of State (as applicable) confirming that that country provides an adequate level of protection for personal data;
(b) we may use specific contracts approved by the UK Data Protection Laws (as applicable) which give personal data the same protection it has within UK. When we rely on this measure we will ensure that the third-party can comply with the provision of such contracts and we have confirmed that the country to which the personal data is transferred provides enforceable data subject rights and effective legal remedies for data subjects are available there; or
(c) a specific exception applies under applicable data protection law.
10. How we protect your personal data
10.1. We have appropriate security measures in place to prevent personal data from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal data to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
10.2. 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.
11. Marketing
We would like to send you information about products and services and events which may be of interest to you. Where we have your consent, we may do this by post, email or telephone. We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes. We will ask whether you would like us to send you marketing messages when you subscribe to receive our latest news and events on our website. If you have agreed to being contacted in this way, you can unsubscribe at any time by:
(a) contacting us at dataprotection@frescagroup.co.uk or
(b) using the ‘unsubscribe’ link in emails or communications we send to you.
12. Cookies and similar tracking devices
12.1. Cookies are small files of letters and numbers stored on your browser or device These cookies are used to ensure that you are sent the correct content when your computer requests it. Some cookies are essential to enable you to move around our Website and use its features and/or services. For example we will use a cookie to remember your selections as you move through our website.
12.2. When you first visit our website you will be provided with information about the cookies we use and to manage your cookie preferences.
12.3. You can also click on this link to view a current up to date list of cookies and manage your preferences.
13.Your rights
13.1. Under data protection laws, you have rights including:
(a) Your right of access – You have the right to ask us for copies of your personal data.
(b) Your right to rectification – You have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete personal data you think is incomplete.
(c) Your right to erasure – You have the right to ask us to erase your personal data in certain circumstances.
(d) Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal data in certain circumstances.
(e) Your right to object to processing – You have the right to object to the processing of your personal data in certain circumstances.
(f) Your right to data portability – You have the right to ask that we transfer the personal data you gave us to another organisation, or to you, in certain circumstances.
(g) Rights related to automated decision making, including profiling - You have the right not to be subjected to a decision based solely on automated processing (including profiling) which may significantly affect you.
13.2. If you wish to exercise any of your rights, please contact us at dataprotection@frescagroup.co.uk In most cases we will deal with your request as soon as possible and at the latest within one calendar month of the request. If we need to extend the time period for responding to your request, we will let you know within the one-month period. We do not charge a fee for any such requests unless there are exceptional circumstances.
14. Complaints
If you have any concerns about the personal data we use about you, you have the right to make a complaint at any time to the ICO by contacting them at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please feel free to contact us in the first instance via email at dataprotection@frescagroup.co.uk.
15. Entities within the Fresca Group
Entity name |
ICO Registration |
Website |
Registered Address |
Fresca Group Limited |
ZA124424 |
www.frescagroup.co.uk |
The Fresh Produce Centre
Transfesa Road
Paddock Wood
Kent
TN12 6UT
|
The Fresh Produce Centre |
ZA458809 |
www.thefreshproducecentre.co.uk |
The Fresh Produce Centre
Transfesa Road
Paddock Wood
Kent
TN12 6UT
|
M&W Mack Limited T/A DGM Growers |
Z3266028 |
www.dgmgrowers.co.uk |
The Fresh Produce Centre
Transfesa Road
Paddock Wood
Kent
TN12 6UT
|
M. & W. Mack Limited t/a Mack Wholesale |
Z4933191 |
www.mwmack.co.uk |
Wholesale Fruit Centre,
Albert Crescent, Bristol
BS2 0YH
|
Fresh Clear |
Z4933191 |
www.frescagroup.co.uk/fresh-clear |
The Fresh Produce Centre
Transfesa Road
Paddock Wood
Kent
TN12 6UT
|
Primafruit |
Z7508116 |
www.primafruit.co.uk |
Enterprise Way
Vale Business Park
Evesham
Worcestershire
WR11 1GT
|
Thanet Earth Limited |
Z2228576 |
www.thanetearth.com |
Barrow Man Road
Birchington
Kent
United Kingdom
CT7 0AX
|
FRESCA GROUP EXTERNAL PRIVACY NOTICE
Fresca Group Limited and its subsidiary trading entities are committed to protecting and respecting your privacy.
Scope
This notice sets out the basis on which any personal data we collect from you (the Data Subject) in the course of business, or that you provide to us through our websites, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of data protection legislation, the Data Controller is Fresca Group Limited of The Fresh Produce Centre, Transfesa Road, Paddock Wood, Kent, TN12 6UT, UK.
What information do we collect about you?
We may collect and process the following data about you and store it for the amount of time set out below:
Type of information |
Where collected? |
How long will it be stored for? |
- Name
- Company name
- Email address
- Address
- Telephone
|
- On registration at a Fresca Group site
- Where you contact us directly
- At Industry events and exhibitions
- Via our web capture forms on our websites
- During the course of closing a sale
- Details of your visits to our websites including, but not limited to, traffic data, location data and other communication data and the resources that you access.
- We collect information about your computer, including your IP address, operating system and browser type.
- We use cookies on our websites in order to optimise functionality.
|
For customers & suppliers – for as long as you have an account with us
- You may receive marketing communications on an opt-out basis from us.
- We will retain your details for a period of 2 years following no opens/interactions with us.
- Where you contact us directly with a complaint, enquiry or request, we will retain that information in line with our legitimate interests.
|
|
- When applying for a position on one of our company websites, in hard copy or via email and submitting contact details and accompanying CV or application
|
For candidates – our retention period is 1 year from the date of your application.
|
What do we use this information for?
Type of data |
Purpose for processing |
Legal basis for processing |
Submitted Information |
When you apply for a position using one of our company websites |
Legitimate Interest – to allow us to process your information and provide you with updates on your application |
Submitted Information |
To provide you with information that you request from us |
Legitimate Interest – to provide you with information about us |
Submitted Information |
To provide you with products and services that you request from us |
Necessary for the performance of a contract (otherwise we could not provide the services to you) |
Submitted Information |
To provide you with information about goods or services we feel may interest you and (where appropriate) to alter the information that we provide based upon your preferences |
Legitimate Interest – to keep you up to date with goods and services that we provide and to generate new business |
Submitted Information |
To notify you about changes to our services or website |
Necessary for the performance of a contract (otherwise we could not notify you of changes) |
Submitted Information |
To check how content is presented and change it if necessary. |
Legitimate Interests of us and you to improve our website and ensure that content from our website is presented in the most effective manner for you and for your device. |
Submitted Information |
To allow you to participate in interactive features of our Service, when you choose to do so. |
Legitimate Interest of allowing you to better navigate our services and to tailor the services to you |
Cookies
We use cookies to distinguish you from other users when you visit one of our websites. This helps us to provide you with a good experience when you use the site and also allows us to improve its performance.
We may use cookies for the following purposes:
Category 1: Strictly Necessary Cookies
These cookies are essential in order for you to use the website. They help us to provide services you have specifically asked for.
Category 2: Performance Cookies
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often. These cookies don’t collect information that identifies a visitor. The data collected is aggregated and therefore anonymous. It is only used to improve how a website works. Fresca Group use these cookies with services such as Google Web Analytics to enable us to improve user experience and navigation.
Category 3: Functionality Cookies
These cookies allow the website to remember choices you make (such as your user name or language) in order to improve the user experience. These cookies are used on our website for log-in and subscriber services functionality.
Category 4: Marketing Cookies
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
Category 5: Statistics Cookies
These cookies help us to understand how you interact with our websites by collecting and reporting information anonymously.
You may block cookies by adjusting setting on your browser. Please note that if you restrict all cookies (including essential cookies) you may not be able to access all or parts of our site. Unless you have configured your browser to refuse cookies, our system will issue cookies as soon you visit our websites.
Your first visit to any of our sites will generate a pop-up header alerting you to this Privacy Notice and will re-appear only in the event that new cookies are published or your cookie settings are changed.
More information about cookies can be found at www.aboutcookies.org
IP addresses
We may use IP addresses to help diagnose problems, to administer our website, and to gather demographic information. We may also use IP addresses to determine which pages on our sites are being visited and topics that may be of interest so we can provide you with information about relevant products and services. Generally, Fresca Group will aggregate such data and profile on a legitimate interest basis. When you visit our sites, we may recognise your domain name and collect your IP addresses (and other technical information such as browser type).
Use of Google Analytics
Our websites may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users browse the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the website.
Additionally you can use this plugin: http://tools.google.com/dlpage/gaoptout?hl=en. Google has developed the Google Analytics Opt-out Browser Add-on. It offers website visitors more choice on how their data is collected by Google Analytics. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics.
Links to other sites
Our websites may contain links to other sites. Fresca Group is not responsible for the privacy practices or the content of other websites outside the Fresca Group of companies.
Third party links
Our websites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the site or the services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Disclosure of your information
We may collect and possibly share personal data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms of use of companies within Fresca Group, or as otherwise required by law.
We may respond to subpoenas, court orders, or legal process by disclosing your personal data and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
We may also disclose the data we collect from you to the following third parties:
Category of data |
Recipient |
Purpose |
Personal Data |
Companies in the Fresca Group |
In connection with processing your enquiries and orders, to help improve our products and services and for processing and storage. |
You agree that we have the right to disclose your personal information to any member of our group, which means our subsidiaries, as defined in Section 1159 of the Companies Act 2006.
In the event that we sell or buy any business or assets we may disclose your personal data to the prospective seller or buyer of such business or assets if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request. We may also disclose your personal data in order to enforce or apply agreements, to investigate potential breaches; to protect our rights, our property or the safety of our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Security of your personal data
All businesses within the Fresca Group are committed to protecting the personal data you share with us and which we collect from you by your use of our websites. Fresca Group uses a combination of industry-standard security technologies, procedures, and organisational measures to help protect your personal data from unauthorised access, use or disclosure. Fresca Group supports online security using secure server technology because we want your data to be safe. There are state-of-the-art security arrangements and facilities on Fresca Group sites to prevent abuse.
We require all of our employees to observe your privacy and confidentiality rights.
Where we store your personal data
All personal information you provide to us in the course of business is stored securely
Submitting data over the internet
Although we will do our best to protect your personal data, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our websites; any transmission of data is made at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Certain services may include social networking features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
Your rights
Processing of your personal data is based on legitimate interest, where you can ask us to refrain from processing your personal data if you wish. You have the following rights. You can exercise these rights at any time by contacting us at The Fresh Produce Centre, Paddock Wood, Kent, TN12 6UT or by email to dpo@frescagroup.co.uk. You have the right:
- To ask us not to process your personal data for marketing purposes;
- To ask us not to process your personal data where it is processed on the basis of legitimate interests provided that there are no compelling reasons for that processing;
- To ask us not to process your personal data for scientific or historical research purposes, where relevant, unless the processing is necessary in the public interest;
- To request from us access to personal information held about you;
- To ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
- To ask for data to be erased provided that the personal data is no longer necessary for the purposes for which it was collected, you withdraw consent (if the legal basis for processing is consent), you exercise your right to object, set out below, and there are no overriding legitimate grounds for processing, the data is unlawfully processed, the data needs to be erased to comply with a legal obligation or the data is children’s data and was collected in relation to an offer of information society services;
- To ask for the processing of that information to be restricted if the accuracy of that data is contested, the processing is unlawful, the personal data is no longer necessary for the purposes for which it was collected or you exercise your right to object (pending verification of whether there are legitimate grounds for processing);
- To ask us not to use your data for profiling (in order to tailor the services and information that we provide to you)
- To ask for data portability if the processing is carried out by automated means and the legal basis for processing is consent or contract.
- To ask for data portability if the processing is carried out by automated means and the legal basis for processing is legitimate interest.
In the event that you are unhappy with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Commissioner’s Office (ICO) in the UK, at any time. The ICO’s contact details are available here: https://ico.org.uk/concerns/
Changes to Privacy Notice
Any changes we may make to our Privacy Notice in the future will be posted on this page and, where appropriate, notified to you when you next start to use the website so that you are always aware of the way we collect, use and disclose information. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the website or the services.
Contact
Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to The Data Protection Officer, The Fresh Produce Centre, Transfesa Road, Paddock Wood, Kent, TN12 6UT, UK or sent by email to: dpo@frescagroup.co.uk.