Privacy Policy

Privacy Policy

Privacy Policy

We protect your data

Insomnia Limited of 1st Floor, Cunningham House, Francis Street, Dublin 8, (“Insomnia, “We”, “Us”, “Our”) are committed to protecting and respecting your privacy.

Scope of Policy

This statement (together with our terms of use) the “Terms of Use”) and the terms and conditions of Insomnia’s Loyalty Scheme (the “Insomnia Loyalty Scheme Terms and Conditions”) applies to your use of:

  • Insomnia controlled websites. In particular: www.insomnia.ie & www.insomniacoffee.co.uk
  • Insomnia Coffee mobile application software (the “App”) available on our website, the Apple App Store, and the Google Play Store (together: App Sites), once you have downloaded or viewed a copy of the App onto your mobile telephone or handheld device (the “Device”).
  • Any of the services (the “Services”) accessible through the App, on the App Site or on other sites operated by us (the Services Sites”), unless stated otherwise.
  • CCTV operated in our stores and head office
  • This statement sets out the basis on which any personal data We collect from you, or that you provide to us, 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.

Acceptance of Privacy Policy

By using the App and/or the Services Sites (together “Our Sites”), you indicate you have reviewed the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy please exit Our Sites immediately.

For the purpose of the Data Protection Act 1988 to 2003, (the “Acts”), the General Data Protection Regulation (the “GDPR”) and any national implementing legislation (the” Applicable Data Protection Legislation”). The Data Controller is Insomnia Limited of 1st Floor, Cunningham House, Francis Street, Dublin 8.

Information you give to Us (the “Submitted Information”) 

You may give us information about you by filling in forms on Our Sites, or by corresponding with us (for example, by e-mail). This includes information you provide when you register to use the App Site, download or register an App, shop on our online store, subscribe to any of our Services, search for an App or Service, share data via an App's social media functions, enter a competition, promotion or survey, and when you report a problem with an App, our Services, or any of our Sites. The following table details information you give us, the purpose for which we use this information and the legal basis for its collection:

Category

Purpose

Legal Basis

Contact information including Name, Address, Email address(es), Phone number(s)

Communication / Identification / Deliveries

Consent, Legitimate interest -necessary for the delivery of services, Performance of Contract

Order Information

Order fulfilment

Performance of Contract

Age / Date of birth

Age verification / Promotions / Analytics

Consent, Legal/Regulatory Obligation

Usernames and Passwords

Access/Authentication

Legitimate interest -necessary for the delivery of services

Member ID, loyalty card or key fob number6

Identification

Legitimate interest -necessary for the delivery of services

Note: If you contact us, We may keep a record of that correspondence.

Information We collect about you and your Device. 

Each time you visit one of our Sites or use our App We automatically collect additional information about you and your devices.

Our location-enabled Services use GPS technology to determine your current location in order for the Services’ features to work. This information will only be used if you have authorised location services in the “Settings” menu of your Device. If you do not wish to use the particular feature, please disable the location services in the “Settings” menu of your Device.

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.

The following table details information you we collect, the purpose for which we use this information and the legal basis for its collection:

Category

Purpose

Legal Basis

Device information including: Type of mobile device, IMEI number, MAC address, Device phone number, Network provider, Operating System, Browser type, Time Zone, IP Address, Location data

Quality of Service, Analytics

Legitimate interest -necessary for the quality and delivery of services

Application data including: Traffic data, Weblogs, Date & Time, Page response times, Download errors

Quality of Service, Analytics

Legitimate interest -necessary for the quality and delivery of services

Usage data including: Uniform Resource Locators (URLs) followed to, through and from Our Site, Length of visits to pages, Page interaction data (Scrolling, Clicks, Mouse-overs), methods used to browse away from the page, phone number used to call our customer service number

Quality of Service, Analytics

Legitimate interest -necessary for the quality and delivery of services

CCTV Footage

Prevention and detection of crime, Safeguarding staff and visitors

Legitimate interest -necessary for the quality and delivery of services

Information we collect as you use our services

Your browsers and Operating System

Every time you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

Your Device, browsers & Operating System:

Every time you use our service and your device contacts our servers, we are collecting information about the browser type, device type, operating system, IP address, the date and time, which helps us provide you better and improved services.

We collect Device Information using the following technologies:
• Cookies – These are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• Log files - These track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• Web beacons, tags, and pixels - There are electronic files used to record information about how you browse the Site

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, email address, and phone number. We refer to this information as “Order Information.”

Your location information

We collect information about your location when you use our services, which helps us offer features like:
• Delivery of products to your location.
• Suggesting nearest outlets in case you want to pick up your order or if you want to dine in at nearest outlet.
• Suggesting/ offering you to order from us in case you are nearby any of our outlets.

Your location can be determined with varying degrees of accuracy by:
• GPS
• IP address
• Delivery address that you provide by filling out address form while placing a delivery order.
• Billing address that you might provide while placing any order.

Order History

We collect information about your orders when you place any order by using our services, information collected includes:
• Products you order
• Product quantities
• Order amounts
• Date, day and time of every order

Information collected helps us offer features like:

• Determining your favourite products and accordingly offering you deals.
• Determining when you are most likely to order and reminding you in case you forget.

Information We receive from other sources (the “Third Party Information”)

We work 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. In all such instances we will ensure that we process your information in accordance with the Applicable Data Protection Legislation. We may combine this information with information you give to us and information We collect about you. We may use this information and the combined information for the purposes set out below (depending on the types of information We receive).

Uses made of your information

We use information held about you in the following ways:

  • Information you give to us. We will use this information:
  • to deliver the Services
  • to provide you with information about other goods and services We offer in store which we believe may be of interest to you We feel may interest you. If you are an existing customer, We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, We will contact you by electronic means only if you have opted in and given us your consent for this. If you do not want us to use your data in this way, please do not tick the relevant boxes situated on the form on which We collect your data (the registration form);
  • to notify you of any promotional offers or deals in store.
  • to notify you about changes to our service.
  • to ensure that content from our site is presented in the most effective manner for you and for your computer.
  • to deliver goods purchases from our online store.
  • Information We collect about you. We will use this information:
  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer.
  • to allow you to participate in interactive features of our service when you choose to do so.
  • as part of our efforts to keep Our sites safe and secure;
  • to measure or understand the effectiveness of advertising We serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of Our Site about goods or services that may interest you or them.

Cookies & Analytics

We use cookies to distinguish you from other users of the App, App Site, Appstore or Service Site. This helps us to provide you with a good experience when you use the App or browse any of the sites and also allows us to improve the App and Our sites. For detailed information on the cookies We use and the purposes for which We use them, see our cookie policy

We use Google Analytics to help us understand how our customers use the Site. To learn more, you can read more about How Google uses your Personal Information.

You can also opt-out of Google Analytics by using the Google Analytics Opt-out Browser Add-on

 Marketing

We will always ask for your permission if we intend to use your data for marketing purposes or if we intend to disclose your information to any third party for such purposes. You can signify your consent to this by checking certain boxes on the forms we use to collect your data. You have the right to object to your data being processed for direct marketing purposes, (including profiling to the extent that it relates to such direct marketing). To exercise that right you may contact the Information Officer dataprotection@insomnia.ie

Our Sites 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 App 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.

Profiling

If you are a member of our Treats loyalty programme, we will use your personal data to analyse buying patterns and to send you offers based on your geographic location (based on the information provided by you on registration).

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries namely Insomnia Coffee Ltd, Insomnia Limited, Redcoral Limited, Insomnia Alliance Limited, Insomnia Franchise Limited, Insomnia Coffee Limited, Insomnia Cafes UK Limited, Insomnia Coffee House UK Limited, Insomnia Alliance UK Limited.

We may share your information with selected third parties (“Data Processors”) including:

  • Business partners, suppliers, and sub-contractors for the performance of any contract We enter into with them or you.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our sites and services.

In all such instances we will ensure that your information is given the appropriate level of data protection under the Applicable Data Protection Legislation and that such data processors are subject to a contractual arrangement ensuring that your information is protected. They may only use your data for the exact purposes we specify in our contract with them. We work closely with them to ensure that your privacy is respected and protected at all times.

  • We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
    • Communicate with you;
    • Screen our orders for potential risk or fraud; and
    • When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    • Solving issues, if you had to face any on your device when you ordered last time.
    • Delivering products to your location.
    • Emailing you updates regarding your orders.
    • Determining your favourite products and accordingly offering you deals.
    • Determining the business busy times.
    • Emailing you newsletters and latest updates regarding our services, only if you opted for it.
    • We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We may disclose your personal information to third parties to:

  • comply with any legal or regulatory obligation or request.
  • enforce or apply the Insomnia Loyalty Scheme Terms and Conditions and other agreements or to investigate potential breaches; or
  • to protect the rights, property or safety of Insomnia Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • where it is necessary for the performance of contract.

Where we store your Personal Data

The data that we collect from you is not generally transferred outside of the European Economic Area (“EEA”). In the case that Insomnia needs to transfer such data outside the EEA it will ensure that an adequate level of data protection in that country exists that is no less protective than that which is provided within the EEA.

Where We have given you (or where you have chosen) a password or username that enables you to access certain parts of Our Sites, you are responsible for keeping this password and username confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

We may collect and store personal data on your Device using application data caches and browser web storage and other technology.

Data retention

Within the scope of this policy, information you give to us and/or information we collect about you is used primarily for the purpose of delivering the Services. As such, your information will be retained until such time as use of the Services is discontinued. This discontinued use is notified to us by your withdrawal of consent or otherwise request for erasure pursuant to your rights as defined under chapter 3, sections 1-5, Articles 12-23 of the GDPR.

CCTV footage is retained for 30 days or less, subject to technical constraints, and automatically erased thereafter.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

CLICK & COLLECT SERVICE 

While using our service, you’re trusting us with your information. We understand this is a big responsibility and work hard to protect your information and put you in control.

In this Privacy Policy, the term “Personal Data” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation.

When you create an Account with us, you provide us with personal information that includes:

• Your Name
• Your Email Address
• Contact Number
• Password

Even if you aren’t logged in to your Account, you might choose to provide us with information — like an email address to receive updates about our services. For example: If you place any order as a guest, you’ll still receive the updates regarding your order in email ID that you had provided during checkout.

Managing, reviewing, and updating your information

As a data subject, you have the following rights under Data Protection Legislation and we, as Data Controller in respect of Your Data, will comply with such rights in respect of Your Data:
• the right of access to Personal Data relating to you;
• the right to correct any mistakes in your Personal Data;
• the right to ask us to stop contacting you with direct marketing;
• the right to have your Personal Data ported to another data controller by requesting to export the data from our database;
• the right to erasure; and
• the right to complain to the DPC if you believe we have not handled your Personal Data in accordance with Data Protection Legislation

When you’re signed in, you can always review, update, edit, export and delete your information by visiting the ‘My Profile’ page.

If you have any comments, concerns or complaints about our use of your Personal Data, please contact us. We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, the United States.

Your rights

If you would like to request access to your information or ask that we amend your information or seek an erasure of your information or object to any processing please contact the Information Officer dataprotection@insomnia.ie setting out as much detail as possible.

If you have consented to the use of your information, you have the right to withdraw that consent at any time.

We hope you are happy with how we use your information but if you are not, you may lodge a complaint with the Data Protection Commissioner at info@dataprotection.ie.

Changes to Privacy Statement

We reserve the right to modify and update this Privacy Policy at any time accordingly, you should ensure you read and understand the terms of the Privacy Policy each time you visit the website so that you are aware of any changes that are made.

Contact

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to

Address: Insomnia Limited, 1st Floor, Cunningham House, Francis St, Dublin 8

Email: dataprotection@insomnia.ie

Telephone: +35316719662