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