IMPORTANT – PLEASE READ CAREFULLY
You should read this Policy carefully and we recommend that you print and retain a copy for your future reference.
Who we are
Marks and Spencer (Ireland) Limited ("M&S Ireland") is a company incorporated in Ireland whose registered office is at 24-29 Mary Street, Dublin 1, Ireland. M&S Ireland owns and operates this Website. M&S Ireland and Marks and Spencer plc ("M&S UK"), whose registered office is at Waterside House, 35 North Wharf Road, London, W2 1NW, United Kingdom, are the data controllers for your personal data collected via this Website. The terms "M&S" or "we" used in this Policy shall mean M&S Ireland and M&S UK.
M&S Group includes all companies owned by M&S UK and M&S may communicate your data to other members of the M&S Group (for the same purposes and on the same terms as provided for in this Policy) who will also act as data controllers for the purposes set out in this Policy.
We respect your right to privacy and will only process personal data you provide to us in accordance with applicable laws relating to privacy and data protection including applicable legislation implementing the Data Protection Directive 95/46/EC ("Privacy Laws"). If you have any questions about how we collect, store and use personal data, or if you have any other privacy-related questions, please click here to Contact Us.
We do not and will not knowingly collect information from any unsupervised person under the age of 18. If you are under the age of 18, you must not use this Website or submit any personal data to us unless you have the consent of, and are supervised by, a parent or guardian.
The personal data we collect about you
When you make purchases from M&S (including purchases made in-store, over the phone, or via our catalogue order forms or this Website), access and browse this Website and/or sign up to receive M&S email newsletters or SMS messages, we may collect the following personal data about you:
- your name, age and sex;
- IP address;
- your billing and delivery postal addresses, phone, fax and e-mail details;
- where you have registered with us, your user name and password;
- where you place an order with us, your payment card details;
- your communication and shopping preferences;
- your browsing and online shopping activities; and
- your date of birth.
We may also collect the above personal data from third parties who have your consent to pass your details to us.
How we may store and use your information
M&S (and third party data processors acting on our behalf) may collect, store and process your personal data:
- to make this Website available to you and to provide you with content which is relevant to your individual preferences;
- to maintain any registered account that you hold with us;
- with your explicit consent, to contact you (including by SMS and e-mail) about promotional offers and products and services which we think may interest you and for customer satisfaction and market research purposes;
- to provide our goods and services to you and for associated purposes, including verifying your identity;
- for research, analysis, testing, monitoring, risk management and administrative purposes; and
- where we have a legal right or duty to use or disclose your information (including for crime and fraud prevention and related purposes).
Use of personal data when choosing Klarna as payment method
If you choose Klarna's payment services Klarna invoice and Klarna account as payment options, you agree that we collect and transmit to Klarna your personal data required for processing a purchase on account and carrying out an identity and credit check, such as first and last name, address, date of birth, gender, e-mail address, IP address, telephone number, as well as the order-related data required for processing a purchase on account, such as number of items, article number, invoice amount and tax in per cent. The transmission of such data is made in order to enable Klarna to issue an invoice and carry out an identity and credit check for processing your purchase with your requested invoice processing method. Klarna thereby has a legitimate interest in transmitting personal data of the buyer pursuant to the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and requires such data for obtaining information from credit reference agencies for the purpose of carrying out an identity and credit check. In Germany, this can be the following credit reference agencies:
- Schufa Holding AG, Kormoranweg 5, 65203 Wiesbaden, Germany
- Bürgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 5001 66, 22701 Hamburg, Germany
- Creditreform Bremen Seddig KG, Contrescarpe 17, 28203 Bremen, Germany
- infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany
Within the framework of the decision about the conclusion, execution or termination of the contractual relationship, Klarna also collects and uses - apart from an address check - information on the previous payment behaviour of the buyer as well as probability values related to such behaviour in the future. Klarna will calculate these score values based on a scientifically recognised mathematical-statistical method. Klarna will inter alia also use your address details for this purpose. Should this calculation show that you are not creditworthy, you will immediately be informed of this by Klarna.
Revocation of the use of personal data vis-à-vis Klarna
- You may revoke your consent to the use of personal data vis-à-vis Klarna at any time. However, Klarna may remain entitled to process, use and transmit the personal data to the extent required for the contractual payment processing through Klarna's services, legally required or requested by a court or an authority.
- You may, of course, obtain information about the personal data stored by Klarna at any time. This right is guaranteed by the Federal Data Protection Act. Should you as buyer wish to obtain such information or should you wish to inform Klarna about changes of the stored data, you may contact Datenschutz@klarna.de.
In addition, we may collect anonymised details about visitors to our Website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details that we collect for these purposes.
Sharing your personal data
Except as set out in this Policy, we will not disclose, sell or rent your personal data to any third party.
M&S may share your personal data with other members of the M&S Group who will also act as data controllers and which help us run our business.
We may also disclose your personal information to distributors of our products and service, as well as service providers and subcontractors retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; credit card and data processing; credit checks; software development; website hosting and management; information technology and office services; and legal, accounting and audit service providers.
All service providers and subcontractors that act on our behalf are contractually obliged to only use any personal information they receive from M&S for the purposes of performing functions on our behalf or providing services to us, or as otherwise required by law, and to protect such information with appropriate security measures.
In the event that a third party acquires all or part of our business and/or assets, we may disclose your personal data to that third party in connection with the acquisition. Furthermore, we reserve the right to disclose your personal data to third parties as part of any business or asset sale carried out if M&S or other M&S Group companies has gone into insolvency or any similar situation, but only where lawful and compliant with Privacy Laws.
We may also disclose your personal data where necessary to comply with applicable laws or an order of a governmental or law enforcement body.
E-mail newsletter preferences and SMS messages
You will receive e-mail newsletters and SMS messages from us if you have specifically requested them. We provide you with the ability to control whether or not to receive e-mail newsletters and/or SMS messages. You can change your preferences and unsubscribe from email newsletters by clicking here. In addition, you can unsubscribe from e-mail newsletters and any other marketing e-mails and/or SMS message we send to you by clicking on the unsubscribe link at the bottom of any marketing e-mail and/or following the instructions in any marketing SMS message we have sent to you.
Personalised banner advertising
Targeted updates and marketing
If you have agreed that we can contact you for marketing purposes we may send you emails and other communications relating to products and services which we think will be of interest and relevance to you as an individual. We do this by monitoring your browsing and on-line shopping habits and providing you with information on products you have viewed and related products.
We transfer some personal data that we collect from you to third party data processors located in countries that are outside of the European Economic Area for the purposes and in the manner set out in the section above which is headed 'Sharing your personal data'. Where we do so we will ensure that your personal data is subject to the same level of protection as when processed within the EEA and that such transfers are fully compliant with Privacy Laws. In most cases our processors will be required to enter into the model contractual clauses which have been approved for such purposes by the European Commission. Alternatively, some of our data processors based in the US have signed up to the Safe Harbor scheme overseen by the US Federal Trade Commission.
Who sets the cookies?
The cookies stored on your computer or other device when you access this Website are set by M&S, our suppliers who partner with us to help deliver a high quality Website and on-line shopping experience, and other third parties.
Some cookies are set by or on behalf of M&S and are necessary to enable customers to make purchases on our Website.
Cookies may also be set by third parties who participate with us in affiliate marketing programmes. The most important such third parties are Criteo, Transversal and Rich Relevance who broadcast banner advertisements on behalf of M&S and a number of other reputable companies. None of these third parties collect any personal data from which they would be able to identify individual customers.
What are cookies used for?
The main purposes for which cookies are used are:-
- For technical purposes essential to effective operation of Website, particularly in relation to on-line transactions.
- To drive M&S marketing, particularly banner advertisements and targeted updates which are explained in more detail elsewhere in this Policy.
- To enable M&S to collect information about the browsing and shopping habits and activities of customers, including to monitor the success of campaigns, competitions etc.
- To enable M&S to meet its contractual obligations to make payments to third parties when a product is purchased by someone who has visited our Website from a site operated by those parties.
How do I disable cookies?
If you want to disable cookies you need to change your internet browser settings to reject cookies. How to do this will depend on the browser you use and we provide further detail below on how to disable cookies for the most popular browsers:-
For Microsoft Internet Explorer:
- Choose the menu "tools" then "Internet Options"
- Click on the "privacy" tab
- Select the appropriate setting
For Mozilla firefox:
- Choose the menu "tools" then "Options"
- Click on the icon "privacy"
- Find the menu "cookie" and select the relevant options
For Opera 6.0 and further:
- Choose the menu "Files"> "Preferences"
What happens if I disable cookies?
This depends on which cookies you disable, but in general the Website may not operate properly if cookies are switched off. If you only disable third party cookies you will not be prevented from making purchases on this Website. If you disable all cookies you will be unable to complete a purchase on this Website.
We use Internet standard encryption technology ("SSL" or "Secure Socket Layer" technology) to encode personal data that you send to us when placing an order through the Website. To check that you are in a secure area of the Website before sending personal data to us, please look at the bottom right of your internet browser and check that it displays an image of a closed padlock or an unbroken key.
However, please note that whilst we take appropriate technical and organisational measures to safeguard the personal data that you provide to us, no transmission over the Internet can ever be guaranteed as secure. Consequently, please note that we cannot guarantee the security of any personal data that you transfer over the Internet to us.
If you are using a computer or terminal in a public location, we recommend that you always log out and close the internet browser when you complete an online session for your security. In addition we recommend that you take the following security measures to enhance your online safety:
- 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 by going to 'My Account' and clicking 'Change name, email or password'.
- Avoid using the same password for multiple online accounts.
We will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from M&S or other M&S Group companies asking you to do so, please ignore it and do not respond.
You have the following rights:
- the right to ask what personal data we hold about you at any time;
- the right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you;
- the right to opt out of any marketing communications that we may send you;
- the rights of opposition and/or cancellation which mean that you may be entitled to have any personal data we hold about you erased or blocked ; and
- the right to request us to cease processing your personal data where such processing is likely to cause substantial distress or damage.
If you wish to exercise any of the above rights, please Contact Us
. In addition, if you wish to unsubscribe from e-mail marketing communications that we send you, you can do this by clicking on the unsubscribe link at the bottom of any e-mail newsletter we have sent to you or, alternatively, by visiting our e-mail newsletter preference centre.
Third party websites
Updates to this Policy
This Policy was last updated in 24th September 2012. Please check this page regularly for any updates to this Policy.