Privacy Notice (GDPR Compliant)

This website (“pchintl.com”) is operated by P.C.H. INTERNATIONAL UNLIMITED COMPANY (and its subsidiaries and affiliates), Heritage Business Park, Bessboro Rd, Blackrock, Cork, Ireland

1. INTRODUCTION

1.1 P.C.H. International Unlimited Company and its subsidiaries and affiliates listed at section 14 below (“PCH” or, in this Privacy Notice, “we”, “us”, “our”) is strongly committed to protecting your Personal Data. This Privacy Notice sets out how we collect, use and protect your Personal Data. Please read the following carefully to understand our practices regarding your Personal Data and how we treat and safeguard it. In the event you wish to withdraw your consent to the data practices described in this Privacy Notice that are based on consent, please contact us through the “Contact us” section below.

1.2 This notice (“Notice”) has been developed to ensure our customers, suppliers, website users and all other Data Subjects whose Personal Data is processed under the control of PCH feel confident about the privacy and security of Personal Data, and to meet our obligations under the Data Protection Acts 1988 to 2018 and the EU Regulation 679/2016 General Data Protection Regulation (“GDPR”) (together “Data Protection Law”). Under Data Protection Law, Personal Data is information that identifies you as an individual or is capable of doing so (“Personal Data”).

1.3 We must comply with the data protection principles set down in Data Protection Law and this Notice applies to all Personal Data collected, processed and stored by us. By providing us with information, you accept and agree to the practices described in this Notice.

1.4 For the purposes of Data Protection Law, P.C.H. International Unlimited Company is the Data Controller of your Personal Data. You will find our contact details in the “Contact us” section below.

1.5 The terms “Data Subjects”, “Data Controller”, “Data Processor” and “process”, when used in this Notice, have the meanings given to them in Data Protection Law.

1.6 This Notice applies to all individuals and to the processing of Personal Data by PCH in the context of the activities of its establishment in the European Union and elsewhere.

2. WHAT KINDS OF PERSONAL DATA DO WE COLLECT?

2.1 We may collect the following types of Personal Data:

(a) PCH Customers:

(i) contact details of customer’s employees (including name, title, phone number, email address, etc.);

(ii) delivery addresses; and

(iii) financial information (such as bank account details).

(b) PCH vendors/suppliers

(i) contact details of customer’s employees (including name, title, phone number, email address, etc.);

(ii) delivery addresses; and

(iii) financial information (such as bank account details).

(c) browsers of PCH’s website(s), logging on to our web and mobile applications and/or subscribers to PCH’s newsletter:

(i) Your name, age and address; Email address and phone number; Device’s phone number, username, password; Other registration information; and

(ii) Location information Details of your use of any of our Services or Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

(iii) Technical information, including but not limited to the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, or time zone settings;

(iv) By logging in to our services, we may store your mobile number for the purposes of communication and maintaining access to our service.

(iv) We may also use GPS technology or other similar positioning technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. You can withdraw your consent at any time by turning off locations services for the app in the settings of your Device.

(vi) We also use cookies on the Sites.

(d) Other:

(i) any information you provide to us via our social media pages;

(ii) Information we receive from other sources (Third Party Information): We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

(iii) Unique application numbers. When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

2.2 As noted above, even if you do not explicitly provide us with data when you interact with PCH’s website(s), we may collect certain data. For example, our website(s) may use cookies and our servers may keep an activity log that tracks all visitors to the website(s). The information collected will often be anonymous and therefore may not identity you individually, however such information, or such information in conjunction with other information that we hold, may be capable of identifying you and so may constitute Personal Data (“Website Data”). Website Data may include among, other data:

(a) the country in which you reside;

(b) referring/exit URLS and other information that does not identify you directly or indirectly but may correspond with you or a particular device; and

(c) information about your browser type, device type and unique device information as well as your operating system, websites you visited before and after visiting the website(s), standard server log information and IP address.

2.3 We collect this Website Data passively using technologies such as cookies. We use Website Data to administer, operate, and improve the website(s).

2.4 If any Website Data constitutes Personal Data (whether directly or through linking or associating any Website Data with any other information), the terms of this Notice will apply. Otherwise, we use and disclose Website Data in a non-personally identifiable form.

2.5 The website(s) interact with other sites, including social media websites such as Facebook and Twitter, (and may use social media plugins) to facilitate social media functions. We have no control over the information that other websites or social media websites or plugins collect, store, or use. Before you choose to access other websites or social media platforms from PCH’s website(s), please be certain that you review the privacy notice of that social media platform or website.

3. LEGAL BASIS FOR PROCESSING

3.1 We rely on the following legal bases under GDPR in processing Personal Data:

(a) performance of a contract with you (in the case of customers and vendors/suppliers);

(b) consent (in the case of the website(s) and the newsletter); and

4. HOW WE COLLECT DATA AND PERSONAL DATA

We collect Personal Data from your interaction with us, for example:

(a) when transacting with customers or vendors/suppliers;

(b) when signing up or login in to our web and mobile applications

(d) when you otherwise contact us through, for example through the website(s) or via email.

5. HOW MAY WE USE YOUR PERSONAL DATA

5.1 Except as set out in this Notice, we will not disclose Personal Data that we collect to any parties other than those with whom we partner or are affiliated with, without your consent. Except as set out below, we will not sell, share, trade, rent, or give away your Personal Data.

Information you directly provide

5.2 We may use your Personal Data in the conduct of our business with you, for example, in order to fulfil our contract with you (including distribution of products).

Information you do not directly provide

5.3 As noted at section 2.3 above, we use Website Data to administer, operate, and improve the website(s).

6. DO WE DISCLOSE PERSONAL DATA TO ANYONE ELSE?

6.1 We shall disclose your Personal Data to third parties only when it is necessary as part of our contract with you, for the conduct of business or when there is a legal or statutory obligation to do so. Whenever we disclose your Personal Data to third parties, we will only disclose that amount of your Personal Data necessary to meet such business need or legal requirement. Third parties that receive your Personal Data from us must satisfy us as to the measures taken to protect the Personal Data such parties receive, in accordance with Data Protection Law and as stated in this Notice. Appropriate measures will be taken to ensure that all such disclosures or transfers of your Personal Data to third parties will be completed in a secure manner and pursuant to contractual safeguards.

6.2 We may employ other companies and individuals to perform functions on our behalf, including professional advisors, outsourced services providers and contractors such as logistics companies in order to fulfil our contract with you. These third-party service providers are authorised to use Personal Data only as needed to perform their functions on our behalf and are required to maintain the security of your Personal Data.

6.3 The following is a list of categories of third parties to which PCH may disclose your data in the manner described at section 6.1 above:

(a) delivery companies (e.g. UPS);

(b) suppliers; and

6.4 PCH’s various entities may also share Personal Data internally (i.e. within the PCH group) where necessary as part of business and in order to fulfil our contract with you.

6.5 We may transfer your Personal Data to another company with which we have merged, or which has acquired all or some of our assets. We will advise you if such a change of ownership or change of corporate structure takes place and we will update this Privacy Notice accordingly.

6.6 We may provide your Personal Data when obliged to do so under Data Protection Law and in response to properly made requests, for example, for the purpose of the prevention and detection of crime, and the apprehension or prosecution of offenders. We may also provide your Personal Data for the purpose of safeguarding national security. In the case of any such disclosure, we will do so only in accordance with Data Protection Law.

6.7 We may also provide your Personal Data when required to do so by law, for example under a court order, and may transfer data to legal counsel where same is necessary for the defense of legal claims.

6.8 Website Data may be processed on our behalf by third parties engaged by us to provide or administer the Services and/or the Sites and/or the production of any promotional material which is permitted by law to be sent to You.

7. TRANSFERS OUTSIDE THE EEA

7.1 Your Personal Data may be processed by PCH or its trusted third party partners outside of the European Economic Area (“EEA”). Data privacy laws in the countries to which your personal data is transferred may not be equivalent to, or as protective as, the laws in the EEA.

7.2 We will implement appropriate measures to ensure that your Personal Data remains protected and secure when it is transferred outside of the EEA, in accordance with applicable Data Protection Law. Because many countries to which Personal Data may be transferred have not received an “adequacy finding” regarding their privacy laws from the European Commission, PCH will either rely on Standard Contractual Clauses or derogations in Articles 28, 46 and 49 of the GDPR to transfer your Personal Data to such countries.

8. HOW LONG DO WE KEEP PERSONAL DATA?

8.1 The period for which we retain Personal Data varies according to the use of that information. In some cases, there are legal requirements to keep Personal Data for a minimum period of time. Unless specific legal requirements dictate otherwise, we will retain Personal Data no longer than is necessary for the purposes for which the Personal Data were collected and processed (as described above).

8.2 Personal Data of customers and vendors/suppliers will be retained for no longer than is necessary for the purposes for which it was collected. We will retain your Personal Data for as long as we continue to provide our services to you. Following termination of the provision of the services to you, your Personal Data shall be retained for as long as is necessary and permissible in accordance with statutory limitation periods.

9. HOW YOU CAN EXERCISE YOUR RIGHTS IN RESPECT OF PERSONAL DATA WE HOLD ABOUT YOU

Your rights

9.1 We shall vindicate all rights under Data Protection Law. You have the right to request that we:

(a) provide you with information as to whether we process your data and details relating to our processing, and that we provide you with a copy of your data (‘access right’).

(b) rectify and/ or update any inaccurate data we might have about your without undue delay (‘right to rectification’).;

(d) under certain circumstances, be restricted from processing your data (‘right to restriction’).

(e) under certain circumstances, erase your personal data without undue delay (i.e. the “right to erasure”). and

(f) under certain circumstances, furnish you with the personal data which you provided us with in a structured, commonly used and machine readable format (‘right to data portability’).

9.2 Vindication of these rights shall not affect any rights which we may have under Data Protection Law.

Exercising your rights and managing Personal Data

9.3 You can exercise any of your rights by making a request to us at the contact information provided below. If, for some reason, these rights are denied, we will provide an explanation of why this is the case.

9.4 We will process your request within 30 days of receipt.

10. SECURITY OF YOUR PERSONAL DATA

10.1 We are committed to ensuring that all of your information, including Personal Data, is secure. In order to prevent unauthorized access or disclosure, we have put in place appropriate technical and organizational measure to safeguard and secure your Personal Data.

10.2 Once we have received your Personal Data, we will use strict procedures and security features to try to prevent unauthorized access.

10.3 Unfortunately, the transmission of information through PCH’s website(s) is not completely secure. Although we will do our best to protect your Personal Data and apply appropriate safeguards, we cannot guarantee the security of your data transmitted through the website(s) and any transmission is at your own risk.

11. HOW CAN YOU MAKE A COMPLAINT ABOUT THE USE OF PERSONAL DATA?

11.1 Complaints on the use, retention and disposal of personal data can submitted via email to “Data Protection Office” at dp@pchintl.com.

11.2 You also have the right to lodge a complaint with the Data Protection Commission.

12. REVIEW

21.1 This Notice will be reviewed and updated from time to time to consider changes in the law and the experience of the Notice and PCH’s processing of Personal Data in practice. Any and all changes will be advised to you and, if necessary, we will obtain your consent prior to applying any changes to any Personal Data collected from you prior to the date the change becomes effective. We encourage you to periodically review this Notice to stay informed about how we collect, use, and disclose Personal Data.

13. CONTACT INFORMATION

13.1 If you have questions about this Notice or our treatment of the Personal Data provided to us, please contact us at:

Name: PCH International Unlimited Company

ATTN: Data Protection

Address: Heritage Business Park, Bessboro Rd, Blackrock, Cork, Ireland

E-mail: dp@pchintl.com

Version 2.0 Updated 24/05/2022