Privacy Notice

1. GENERAL

We, Esquires Coffee (UK) Limited together with any group companies (“Esquires”), respect the right to privacy of every individual who visits our site, mobile site or apps (“Digital Channels”), or who otherwise receives services from us or any part of the Esquires franchise network including prospective members of the franchise network, regional developers, franchisees or franchisors or who participates in activities connected with Esquires. This privacy notice explains how we use any personal data we collect about you, and your rights to access and correct the personal data we hold about you. If you are an employee, contractor or otherwise engaged in work for us or applying to work for us, a separate privacy notice applies to you instead.

Where data is collected directly or processed by a member of the Esquires franchise network including regional developers, franchisees or franchisors, they operate as the data controller in that instance.

2. PERSONAL DATA COLLECTION

We may collect the following personal data about you including where it has been collected directly or processed by a member of the Esquires franchise network including regional developers, franchisees or franchisors:

• Contact details including title, name, date of birth, age, postal, billing, delivery and email addresses, postcode and contact telephone numbers;

• Demographic personal data including details of your gender;

• Registration/account details, including your password, username or similar identifier (if any) for any purchases or orders made by you or where you purchase an Esquires Loyalty Card or Gift Card;

• Customer communication preferences including personal data which relates to your advertising preferences, such as information about your preferences in receiving marketing materials from us and our third parties and your communication preferences;

• Customer feedback, which may be collected through customer satisfaction surveys and market research studies or conducting market research and improving our franchise programme;

• Economic and financial data including personal data which relates to your finances, such as your bank account and payment card details and information which we collect from you for the purposes of the prevention of fraud;

• Computer or device information including which relates to your use of our site, such as your internet protocol (IP) address, login data, traffic data, weblogs and other communication data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use;

• Audio and visual data including personal data which is gathered using our CCTV or other recording systems in the form of images, video footage and sound recordings that is taken at any of our locations or otherwise by us for promotional purposes;

• Health data including personal data which is gathered for health and safety purposes including any accident report or claim log or any information you provide about allergies or other medical conditions during the booking process or in one of our locations;

• Cookies in line with our Cookies Notice (see https://esquirescoffee.co.uk/cookies-policy/);

• We may also create personal data about you, for example, if you contact us or any member of our franchise network by telephone to make a complaint, for example about services or goods, then we may make a written record of key details of the conversation so that we can take steps to address the complaint.

• We also obtain and use certain aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your personal data but does not directly or indirectly reveal your identity. For example, we may aggregate your Information Technology Data to calculate the percentage of users accessing a specific feature on our site. However, if we re-combine or re-connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

• We may also collect information relating to criminal convictions from those applying to join our franchise network.

3. PERSONAL DATA SOURCES

We obtain your personal data from the following sources:

• Directly from you, either in person (at our locations or otherwise), via our site or by telephone or via devices. This could include personal data which you provide when you:

(a) place an order for our products or services;

(b) purchase an Esquires Loyalty Card or Esquires Gift Card;

(d) subscribe to our publications;

(e) request information on our products or services or for other marketing to be sent to you;

(f) make an enquiry about joining our franchise network;

(g) enter into a competition or promotion; and

(h) complete a survey from us or give us feedback.

• Via automated technologies, such as CCTV or other recording systems, cookies, server logs and other similar technologies. We may automatically collect computer or other device information about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. We may also receive personal data about you if you visit other sites employing our cookies. Please see our cookie policy https://esquirescoffee.co.uk/cookies-policy/ for further details.

• From someone else, such as:

(a) analytics providers;

(b) our provider of customer feedback;

(d) advertising networks;

(e) search information providers;

(f) providers of technical, payment and delivery services;

(g) data brokers or aggregators;

(h) app providers

(i) digital advertising partners and/or providers of social media platforms (such as Facebook, X, LinkedIn, Tik Tok and Instagram) for example where you share our content through social media, for example by liking us on Facebook, following or posting about us on X;

(j) a member or prospective member of the Esquires franchise network including regional developers, franchisees or franchisors; and

(k) providers of background checks.

• From publicly available sources, such as:

(a) Companies House;

(b) the electoral roll; and

4. HOW WE USE YOUR PERSONAL DATA

We collect personal data about you in order to:

(a) perform our contractual obligations to you. This would include:

• processing and performing any bookings or orders placed by you;

• orders placed by us where you are a supplier;

• making or receiving payments, fees and charges; and

• collecting and recovering money owed.

(b) manage our relationship with you including:

• to send you important notices such as communications about changes to our terms and conditions and policies (including this Privacy Notice);

• to provide information regarding franchising opportunities, dealing with franchising enquiries, facilitating information regarding the franchise programme, providing on-going support and guidance and managing financial and contractual arrangements;

• for conducting market research and improving our franchise program

• to provide you with important real-time information about products or services you have ordered from us (e.g. a change of time or location due to unforeseen circumstances); and

• to send you information you have requested;

• to deal with your enquiries including where you use our ‘Contact us’ form; and

• to ask you to leave a review or feedback on us (including through customer satisfaction surveys and market research studies, among other methods or identifying any unusual customer feedback and scores in respect of particular Esquires retail stores);

(d) administer our business and carry out business activities;

(e) make suggestions and recommendations to you about goods or services that may be of interest to you, deliver relevant site content and advertisements to you and to measure or understand the effectiveness of our advertising;

(f) communicate with you about, and administer your participation in, special events, programs, promotions, any prize draws or competitions;

(g) for internal purposes to use data analytics, to identify usage trends, determine and measure the effectiveness of promotional campaigns and advertising and to improve our site, products/services, marketing, customer relationships and experiences;

(h) protect our business including to deal with any misuse of our site and to comply with our security policies at our locations;

(i) use your personal data to comply with our own legal and industry obligations e.g. to comply with health and safety requirements, or to assist in a police investigation;

(j) enforce or apply our terms of use, terms and conditions of supply and other agreements with third parties;

(k) to detect and prevent fraud and other illegal activities (and to assist regulators, trade bodies and law enforcement agencies in relation to the same);

(l) financing, restructuring, reorganising, selling, making ready for sale or disposal of all or any part of the business including the franchise network including to any potential buyer or any advisers of the business;

(m) use our knowledge of any health-related personal data you disclose to us in the event of illness or injury or some other related emergency or to record any accident or injury or other incident you may suffer when visiting any of our locations;

(n) investigate and defend any third-party claims or allegations.

5. WHO RECEIVES YOUR PERSONAL DATA

We may disclose your personal data to:

• our group companies and affiliates who may process data on our behalf to enable us to carry out our usual business practices. Any such disclosure will only be so that we can process your personal data for the purposes set out in this Privacy Notice.

• Any member or prospective member of the Esquires franchise network including regional developers franchisees, franchisors (or any owners or guarantors of the same) or any third parties involved in the franchise evaluation process or on-going support

• Any third party where we are under a legal duty to do so, or in order to enforce or protect any of our rights, property or safety (or those of our customers).

• Third parties who provide certain services to Esquires (e.g. IT service providers and service providers who administer customer satisfaction surveys and market research studies on behalf of Esquires), (third parties may also collect certain personal data about you on Esquires’ behalf).

• Where personal data is processed on our behalf by third parties we put measures in place to keep your personal data secure.

• providers of background checks;

• our PR agency and customer feedback;

• HMRC, legal and other regulators or authorities, including those who request your personal data or to report any potential or actual breach of applicable law or regulation;

• external professional advisers such as accountants, bankers, insurers, auditors and lawyers;

• law enforcement agencies, courts or other relevant party, to the extent necessary for the establishment, exercise or defence of legal rights;

• third parties where necessary for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;

• third parties which are considering or have decided to acquire some or all of our assets or shares, merge with us or to whom we may transfer our business (including in the event of a reorganisation, dissolution or liquidation);

• third parties or digital marketing partners or those operating plugins or content (such as Facebook, X, LinkedIn, Tik Tok, Instagram) on our site which you choose to interact with;

• the following recipients:

• provider of the Loyalty Scheme or Gift Card Scheme;

• delivery providers.

Our Digital Channels may contain links to other sites, mobile sites and apps and certain services provided by third parties (e.g. Wi-Fi services available in Esquires stores) are available for use by customers. This privacy notice only applies to our channels and services. When you link to other sites, mobile sites, or apps, or use services provided by third parties (e.g. Wi-Fi services available in Esquires stores) we are not responsible or liable for them. You should read the privacy policies for those linked sites, apps or services before you submit any personal data to them.

6. OUR LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA

Where we may rely on consent

For certain purposes it may be appropriate for us to obtain your prior consent. The legal basis of consent is only used by us in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way.

In the event that we rely on your consent, you may at any time withdraw the specific consent you give to our processing your personal data. Please contact us using the contact details set out below to do so. Please note even if you withdraw consent for us to use your personal data for a particular purpose we may continue to rely on other lawful bases to process your personal data for other purposes.

Automated Decision Making and Profiling

The use of your personal data may involve the use of ‘profiling’ or automated decision making in order to predict your interests and personalise recommendations. We use this personal data for the purpose of providing you with personalised marketing communications by email, SMS, post, social media ads or other social media platforms or digital advertising partners from Esquires about our products and services.

Other legal bases we may rely on

Where we are relying on a basis other than your consent, the lawful basis for processing personal data will be one of the following:

(a) the processing is necessary in order for us to comply with our legal obligations (such as compliance with anti-money laundering legislation);

(b) the processing is necessary for the performance of a contract you are party to or in order to take steps at your request prior to you entering into a contract;

(d) the processing is necessary for the pursuit of our legitimate business interests. In particular, our legitimate interests include:

• the provision of goods and services;

• the recovery of debt;

• the provision of administration and / or IT services;

• the security of our IT network;

• the prevention of fraud;

• marketing of goods and services and promotion of our business;

• financing, restructuring, reorganising, selling, making ready for sale or disposal of all or any part of the business including the franchise network;

• the study in how to develop and the update of our products and services;

• the development of our business strategy;

• protecting our business and property

• Working with any member or prospective member of the Esquires franchise network including regional developers, franchisees, franchisors (or any owners or guarantors of the same) or any third parties involved in the franchise evaluation process or on-going support.

(e) the processing is necessary in order to protect the vital interests of an individual e.g. where there is a medical emergency at one of our premises.

Extra conditions for special category personal data

Where we are processing your sensitive / special category personal data one of the following conditions will also apply to the processing:

(a) you have given your explicit consent;

(b) it relates to personal data which are manifestly made public by you;

(d) it is necessary for archiving purposes in the public interest; scientific or historical research purposes or statistical purposes;

(e) it is necessary to protect an individual’s vital interests where the individual cannot give consent;

(f) it is necessary for reasons of substantial public interest;

(g) processing is necessary in relation to your or our rights in the field of employment and social security and social protection law.

7. ACCURACY AND SECURITY

It is important that the personal data we hold about you is accurate and current and we take all reasonable precautions to ensure that this is the case but we do not undertake to check or verify the accuracy of personal data provided by you. Please keep us informed if your personal data changes during your relationship with us either by logging onto your account on the site or by contacting us. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Esquires takes the security of any personal data we hold very seriously.

Where necessary, and in common with other sites and apps, we use SSL (Secure Sockets Layer) encryption to ensure that personal data provided to us is not visible to anybody else when in transit between your computer and our servers. The SSL encryption is highlighted by the presence of a small “padlock” symbol in the status bar of your web browser.

In addition, our web servers are housed behind a secure firewall that prevents access to our databases by unauthorised users. All of our servers are housed in a secure environment with high levels of physical security.

However, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our site: any transmission is at your risk.

Where you have chosen a password that enables you to access certain parts of our site, you are responsible for keeping this password confidential.

8. INTERNATIONAL TRANSFERS

It is possible that personal data we collect from you may be transferred, stored and/or processed outside the United Kingdom including outside the European Economic Area including to New Zealand.

In connection with such transfers we will ensure that:

(a) there are appropriate safeguards in place such as binding corporate rules or approved model contractual clauses; or

(b) the transfer is to a country that provides an adequate level of protection; or

(c) one of the derogations for specific situations applies to the transfer including explicit consent or necessary for the performance of a contract or exercise or defence of legal claims.

9. DIRECT MARKETING

We would like to keep you informed of Esquires news and offers by post, phone, email, text and other electronic means.

If you have agreed to receive such marketing communications you may opt out or change your marketing preferences at any time by unsubscribing directly within the email, by contacting us at https://esquirescoffee.co.uk/contact, or by posting us at the address below.

10. ACCESS TO YOUR PERSONAL DATA

We want to make sure that your personal data is accurate and up to date. If you wish to correct or remove personal data you think is inaccurate contact us at https://esquirescoffee.co.uk/contact, or post us at the address below.

Subject to applicable law including relevant data protection laws, in addition to your ability to withdraw any consent you have given to our processing your personal data (see paragraph 6), you may have a number of rights in connection with the processing of your personal data, including:

• the right to request access to your personal data that we process or control;

• the right to request rectification of any inaccuracies in your personal data or, taking into account the purposes of our processing, to request that incomplete data is completed;

• the right to request, on legitimate grounds as specified in law:

(a) erasure of your personal data that we process or control; or

(b) restriction of processing of your personal data that we process or control;

• the right to object, on legitimate grounds as specified in law, to the processing of your personal data;

• the right to receive your personal data in a structured, commonly used and machine-readable format and to have your personal data transferred to another controller, to the extent applicable in law; and

• the right to lodge complaints regarding the processing of your personal data with the Information Commissioner’s Office or other relevant supervisory body where applicable. Please see https://ico.org.uk/concerns/ for how to do this.

If you would like to exercise any of the rights set out above, please contact us using the contact details set out above.

11. HOW LONG WE WILL STORE YOUR PERSONAL DATA FOR

We will store your personal data for the time period which is appropriate in accordance with the following criteria:

(a) the on-going business operation / relationship that we have with you;

(b) the completion of the purpose for which the personal data was given;

(d) the type and size of the data held and whether any if it is deemed to be special category personal data; or

(e) our accounting requirements in relation to that personal data.

We keep the length of time that we hold your personal data for under review. These reviews take place annually.

12. CHANGES TO OUR PRIVACY NOTICE

We keep our privacy notice under regular review and we will place any updates on this site. This privacy notice was last updated in May 2024.

13. CONTACT INFORMATION

This Privacy Notice applies where we are a controller in respect of your personal data – this is where we decide how and why your personal data is processed.

If you require further information or have any questions regarding this privacy notice, please contact us at https://esquirescoffee.co.uk/contact or call us at 020 7251 5166.

14. FURTHER INFORMATION

This site is operated by Esquires Coffee (UK) Limited (company number SC192439), whose registered office is C/O Alexander Sloan, 180 St Vincent Street, Glasgow, Scotland, G2 5SG. Esquires Coffee (UK) Limited is a subsidiary of Cooks Coffee Company, a New Zealand PLC located at: VCFO, Level 1, 96 St Georges Bay Road, Parnell, Auckland, 1052, New Zealand.