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Marks and Spencer plc is a company registered in England and Wales which is part of the M&S group of companies (collectively referred to as "M&S", "we" or "us" in this policy).
Maintaining the security of your data is a priority at M&S, and we are committed to respecting your privacy rights. We pledge to handle your data fairly and legally at all times. M&S is also dedicated to being transparent about what data we collect about you and how we use it.
This policy, which applies to personal data collected via the M&S website at http://www.marksandspencer.com/au aimed at customers in Australia (the “Website”) whether, you use your mobile device or go on line, provides you with information about:
- how we use your data;
- what personal data we collect;
- how we ensure your privacy is maintained; and
- your legal rights relating to your personal data.
M&S (and trusted partners acting on our behalf) uses your personal data:
Our international sales facilitation and fulfilment partner is Globale U.K. Limited (“Global-E”), a company registered in England and Wales (company registration number 08632376) whose registered office is at 2nd Floor, 167-169 Great Portland Street, London, W1W 5PF.
M&S uses your personal data for electronic marketing purposes (with your consent) and may send you postal mail to update you on the latest M&S offers.
M&S aims to update you about products & services which are of interest and relevance to you as an individual.
You have the right to opt out of receiving promotional communications at any time, by:
If you visit our websites, you may receive personalised banner advertisements whilst browsing other websites. Any banner advertisements you see will relate to products you have viewed whilst browsing our websites on your computer or other devices.
In order to make certain services available to you, we may need to share your personal data with some of our service partners. These include IT, delivery and marketing service providers.
M&S only allows its service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which mean they can only use your data to provide services to M&S and to you, and for no other purposes.
Aside from our service providers, M&S will not disclose your personal data to any third party, except as set out below. We will never sell or rent our customer data to other organisations for marketing purposes.
We may share your data with:
To deliver products and services to you, it is sometimes necessary for M&S to share your data outside of the European Economic Area. This will typically occur when service providers are located outside the EEA or if you are based outside the EEA. These transfers are subject to special rules under data protection laws.
If this happens, we will ensure that the transfer will be compliant with data protection law and all personal data will be secure. Our standard practice is to use ‘standard data protection clauses’ which have been approved by the European Commission for such transfers. Those clauses can be accessed here.
We will not retain your data for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 6 years.
M&S may collect the following information about you:
Our website are not intended for children and we do not knowingly collect data relating to children.
This list is not exhaustive and, in specific instances, we may need to collect additional data for the purposes set out in this Policy. Some of the above personal data is collected directly, for example when you set up an on-line account on our websites, or send an email to our customer services team. Other personal data is collected indirectly, for example your browsing or shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.
M&S is committed to keeping your personal data safe and secure.
Our security measures include: -
M&S will never ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from M&S asking you to do so, please ignore it and do not respond.
If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.
In addition, we recommend that you take the following security measures to enhance your online safety both in relation to M&S and more generally:-
- keep your account passwords private. Remember, anybody who knows your password may access your account.
- when creating a password, use at least 8 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this accessing your account, clicking ‘your account’, clicking ‘your data’ and selecting ‘change password’.
- avoid using the same password for multiple online accounts.
You have the following rights:
If you wish to exercise any of the above rights, please contact us using the contact details set out below.
We are required to set out the legal basis for our ‘processing’ of personal data.
M&S collects and uses customers’ personal data because is it necessary for:
In general, we only rely on consent as a legal basis for processing in relation to sending direct marketing communications to customers via email or text message.
Customers have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.
The normal legal basis for processing customer data, is that it is necessary for the legitimate interests of M&S, including:-
M&S has appointed a Data Protection Officer to ensure we protect the personal data of our customers (and others) and comply with data protection legislation.
If you have any questions about how M&S uses your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact our Data Protection Officer’s team by
You have the right to lodge a complaint with the Information Commissioner’s Office. Further information, including contact details, is available at https://ico.org.uk.
M&S has partnered with certain trusted third parties to make additional products and services available to you, including:
These products and services can be accessed online through the relevant third party's "microsite". These websites, and others linked to from this Policy, are owned and operated by a third party and they are responsible for processing personal data in accordance with their own privacy policies.
This policy was last updated in January 2018
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