We take your privacy very seriously and we respect your right to privacy when you use our websites, our mobile applications, our pages on social networks, online forms and whenever else you communicate electronically with us (our “Digital Services”). That’s why we’ve developed this Privacy Policy to explain how we collect, store, use and process the Personal Data you share with us through our Digital Services.

 

Please read this privacy policy carefully as it contains important information on who

1. Introduction
These are the terms and conditions (“Conditions”) referred to in your order ("Order") for us (“Us” or “We”) to supply you (or any firm, company or purchaser) (“Purchaser”) with Handmade Products ("Products"). They describe the terms on which we will sell the products to you. In particular, we must deliver the correct products to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards. They also explain that you must pay us the correct price, and when legal ownership of the products passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if products are damaged or delayed for reasons outside anyone's control (including natural causes).

This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.
 

Our details:
Registered address is Blux GmbH Feldeggstrasse 38, 8008, Zurich Switzerland.

You can contact us:
(a) by post at the address given above;
(b) at info@beringice.com using the contact form;
(c) by email at info@beringice.com.

2.3 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, 
2.2 When we send you a written acceptance, you have a binding contract with us, and these Conditions are part of it.
2.1 The Order is your offer to buy the Products from us on these Conditions, and you must make sure that the Order (and any required standards or measurements or specification of the Products that form part of your Order) is correct.
2. The Contractcatalogues and other promotional or descriptive material.

2.6 We will ensure that the following information is given or made available to you prior to the formation of the Contract between us and 
2.5 If either of us needs to give the other a notice under the contract ("Notice"), the Notice must be given properly to be effective. Clause 12.4 explains how to give a proper Notice.
2.4 If we have given you a quotation for the products, it is only valid for 14days from its issue date. It is not an offer to sell you the products.you, unless such information is already apparent from the context of the transaction:
2.6.1 The main characteristics of the Products;
2.6.2 Our identity and contact details;
2.6.3 The total Price for the Products or, if the nature of the Products is such that the Price cannot
be calculated in advance, the manner in which it will be calculated;
2.6.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
2.6.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Products;
2.6.6 Our complaints handling policy;
2.6.7 We shall ensure that you are aware of our legal duty to supply products that are in conformity with the contract;
2.6.8 Where applicable details of after-sales services;
2.6.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
2.6.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.
3. The Products and Product Variation
3.1 The product name and descriptions are on our website at info@beringice.com and included on your Order. 

3.2 If the products have been manufactured at your request or to any specification that you have supplied, you will ensure you have obtained all necessary consents, licences and authorisations for us to be able to use them in the Products. You will indemnify us for all expenses, losses and costs that we may suffer arising from any claim made against us for breach of a third party’s intellectual property rights. This clause 3.2 shall survive termination or expiry of this contract.
3.3 We are allowed to change any of our specifications or formulas, or any specification or formula that you have supplied, if this is necessary to comply with any regulations.
3.4 Our products are genuinely hand-made in small volumes so you may encounter some variation in colour, texture, scent or wrapping between batches or orders and as they are pictured on this site or in any other marketing materials. If you do have any problems or queries contact us at info@beringice.com.

3.5 We attempt to be as accurate as possible when describing products on the website; however, to the extent permitted by applicable law, we do not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free.
3.6 Any Products and services, and any samples thereof we may provide to you are for your personal use only. You may not sell, re-sell, license or reverse engineer any of the Products or services (and any samples thereof) you receive from us for commercial purposes.

 

4.1 We will give you a delivery note with each delivery of products. It will state the Order date, the Order reference number, the type 
4. Delivery of the Productsand quantity of products.
4.2 We will deliver products via Tracked and Signed for ParcelForce in the UK within 2-3 day,  after we have sent you a confirmation and acceptance of your order. However, Delivery dates are approximate, and time of delivery is not guaranteed. Delivery will be completed when the goods are delivered to the stated delivery address on your Order.
4.3 If we fail to deliver the products, our legal responsibility to you will be limited to the costs of the products and any postage costs incurred. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions. Ownership of and risk to the Products shall pass onto you upon receipt of delivery and full payment is received.
4.4 If we refuse to deliver the Products for any reason, our contract will come to an end and we will reimburse you without undue delay for the cost of Products you have paid and any postage costs incurred by you.

 

5. Our Obligations
5.1: We will use all reasonable endeavours to provide you with high quality Products and to deal promptly with any concern you may have regarding your order. These conditions shall apply to all sales transactions between Us and the Purchaser placing an order for any Products. By Us accepting any order for Products, the Purchaser agrees to purchase such Products at the price stated on Our website or order form and on the sole basis of these Conditions. We shall use all reasonable efforts to ensure that:
5.1.1 the Products are the same in all material respects as their description. We have made every reasonable effort to ensure that the Products conform to illustrations, photographs and descriptions provided in our sales and marketing literature. We don't, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.1.2 the Products are free from significant defects;
5.1.3 the Products are of satisfactory quality;
5.1.4 the Products are suitable for the purposes that we have specified.
5.2 If you discover that some or all of the Products do not meet this promise, you can either reject them within 14 days of their receipt by notice in writing to us, or request us to replace them, or (if we fail to do that) request a refund for the price of the Products. This will only apply, however, if you have done the following:
5.2.1 given us a reasonable opportunity of examining the products, and
5.2.2 returned the products to us at our address and cost, if requested, within 7 days’ of notifying us of your request.
5.3 Clause 5.1 does not apply if:
5.3.1 you use the Products after you have given us Notice of a defect;
5.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage or maintenance of the Products;
5.3.3 the defect arises because we followed your instructions or specifications,
5.3.4 the defect is a result of your negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;
5.4 Clause 5.1 applies to all Products we supply (including any replacement Products).
5.5 You may cancel your Order at any time before we despatch the goods by contacting us in writing at info@beringice.com.

5.6 You may also cancel your Order within 14 days of receipt of the Products if it is placed with us electronically. If you have already paid for the products, the payment will be refunded to you within 14 days of your cancellation (including delivery costs). You agree that this cancellation right does not apply if the Products have been personalised for your use.
5.7 We may cancel your Order at any time before we despatch the products in the following
circumstances:
5.7.1 The Products are no longer in stock and we are unable to re-stock (if, for example, the Products are discontinued); or
5.7.2 An event outside of our control set out in Clause 8.3 continues for more than 14 days.
5.8 If we cancel your Order under Clause 5.7 and you have already paid for the Products, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.

6. Ownership and Risk
6.1 The risk of damage to the Products or their loss passes to you on completion of delivery in accordance with clause 4.3.
6.2 Ownership of the products passes when you have received the products and paid us for them in full. Until the ownership passes to you, we will still own the products.
7. Price and Payment
7.1 The price of the products (“Price”) is stated in our acceptance of your Order. It does not include packaging, insurance and transport costs for which we will invoice you where applicable.

7.2 We are allowed to increase the price, by giving you a Notice of increase up to 14 days before we deliver the products, but only to take into account any of the following:
7.2.1 things which are beyond our control (examples include tax changes, foreign exchange fluctuations, increases in the costs of labour, manufacturing, and/or materials, and those matters set out in Clause 8.3);
7.2.2 changes in delivery dates, or quantities, types, or specifications of products that you have asked for;
7.2.3 delay caused by you, or your supplying us with inadequate or inaccurate instructions.
7.3 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Products is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Products is higher than that stated in your Order, we
will ask you how you wish to proceed.
7.4 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum at checkout if appropriate.
7.5 All payments for Products must be made in advance before we can despatch the Products to you.
7.6 We accept the following methods of payment: Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, American Express and PayPal, Shopify Pay, Amazon Pay and others.
7.7 Credit and/or debit cards will not be charged until we despatch the Products to you.
8. Limitations on our Legal Responsibilities
8.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the Price of the Products.
8.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors.
8.3 Neither of us will be legally responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
8.4 We only supply products for domestic and private use; we make no warranty or representation that the products are fit for commercial, business or industrial use of any kind (including re-sale).
9. Data Protection
9.1 The following definition shall apply this clause 9: Data Protection Legislation shall mean EU Regulation 2016/679 (General Data Protection Regulation) as amended or updated from time to time, in the UK and any national implementing laws, regulations or secondary legislation.

9.2 The Purchase and Us agree that we will comply with all applicable requirements of the Data Protection Legislation.
9.3 For the purposes of the Data Protection Legislation, to the extent We process any Personal Data (as defined under Data Protection Legislation), we do so in our capacity as a Data Controller (as defined under Data Protection Legislation)
9.4 You agree to indemnify and keep indemnified Us against all costs, claims, damages or expenses incurred by Us due to any failure by You or your employees or agents to comply with any of its obligations under this clause 9.
10. Website All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, data compilations, and software, and the compilation thereof (the “Content”) is the property of Jacqueline Greenham Ltd, our affiliates, our partners or our licensors, and is protected by UK and International copyright laws. Nothing may be reproduced in whole or part by electronic means or in print without the prior written permission of the company. We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website.
11. Complaints and Customer Service The Purchaser should inform BeringIce of any problems by email info@beringice.com. Complaints are taken very seriously by BeringIce and will be dealt with within 5 working days. Please note that the Purchaser is also welcome to contact BeringIce on any issue relating to their order by email listed above. BeringIce main operating hours are from 9:30 GMT to 5pm GMT, Monday to Friday. These Terms and Conditions must be reviewed together with our Privacy Policy, Cookie Policy, Website Use Policy and Shipping and Returns Policy all of which can be found at www.beringice.com & www.beringice.co.uk.
12. General
12.1 We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.
12.2 Nobody other than we and you may rely on any terms of this contract.
12.3 Changes to the contract are only binding if we agree them in writing, sign them and give you a copy.
12.4 If either of us wishes to give a notice to the other under the contract, we must give it in writing and either deliver it or send it by first class post to the other's registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings. Our registered office address is

Registered address is Blux GmbH Feldeggstrasse 38, 8008, Zurich Switzerland.
12.5 Delay in exercising a right under the contract will not take away that right or any other right.

12.6 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
12.7 All complaints are handled in accordance with our complaints handling policy and procedure, outlined above in Clause 11. Complaints may be initiated by contacting info@beringice.com.

12.8 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
12.9 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.10 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
12.11 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
12.12 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.
12.13 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.
12.14 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.
12.15 Any dispute shall not affect the parties; ongoing obligations under the Agreement.
12.16 The contract operates under by English law and only the courts of England and Wales will have the right to deal with any disputes arising from it.
12.17 We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions.  

We are and how and why we collect, store, use and share your Personal Data. It also explains your rights in relation to your Personal Data and how to contact us or supervisory authorities in the event you have a complaint.

 

“We”, “us” and “our” refer to BeringIce. 

 

We collect, use and are responsible for certain Personal Data about you. When we do so we are subject to the General Data Protection Regulation, which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that Personal Data for the purposes of those laws.

 

Cookies Before using our Digital Services, please read this Privacy Policy. If you do not agree to this Privacy Policy or our Policy , please do not use our Digital Services. 

 

We are the data controller when processing your Personal Data in the conditions described in this Privacy Policy, which includes any Personal Data you submit to this website or another website that links you to this privacy policy, such as a microsite that we use to run a promotion or competition (the “Website”).

 

1. What Personal Data do we collect about you and how?

Personal Data means any information that can be used to personally identify you or contact you online or elsewhere. 

We may collect and use the following Personal Data about you:

 

• your name and contact information, including postal address, email address and telephone numbers.

• information to enable us to check and verify your identity, e.g. your date of birth

• your gender information, if you choose to give this to us

• location data

• your billing information, transaction and payment card information

• information to enable us to undertake credit or other financial checks on you

• your personal or professional interests, household, lifestyle, habits and preferences

• information from accounts you link to us, e.g. Facebook

• information about how you use our website, IT, communication and other systems

• your responses to surveys, competitions and promotions

• your IP address and your mobile/tablet/device ID

• information provided to us for your attendance at events, including which events you attend as well as information about access or dietary requirements.

 

This Personal Data is required to provide products and Digital Services to you. If you do not provide Personal Data we ask for, it may delay or prevent us from providing products or services to you.

 

2. How your Personal Data is collected

Personal Data we collect from you:

 

We collect most of this Personal Data directly from you—in person, by telephone or email and/or via our website and apps. This usually occurs when you take part in one of our promotional activities or subscribe to one of our Digital Services, for example:

 

• Registration or sign-up online: e.g. mobile app, websites, social media or subscribing to a newsletter specific to our Digital Services or creating an account to be a member of a club; 

• ‘Send to a friend’ marketing communications; 

• Sweepstake and contest;

• Buying products or services online;

• When doing e-commerce on certain of our websites;

• Using a QR Code displayed on products;

• Events (invitation form or online forms on tablets filled out by our representatives with your input);

• Tastings;

• Feedback, questions, enquiries, surveys or comments through ‘Contact us’; 

• Any other request that requires the submission of Personal Data. 

 

The type and amount of information we collect for the features listed above will vary and depends on the activity.

 

Personal Data we collect from other sources

We may also collect information: 

 

• directly from a third party, e.g.: “Send to a friend” marketing communications or a third party sign-up form from one of our partners;

• from a third party with your consent, e.g. your bank or building society

• from cookies on our website (see below - How and why do we use tracking technologies?)

• via door entry systems and reception logs;

• from automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;. 

 

We may occasionally purchase the contact details of people who might be interested in hearing from us. Before purchasing such information, we will check the wording used when your information was originally collected, to make sure that we only contact people who have actively expressed an interest in receiving information from third parties.

 

We may also receive information if you have provided permission to other organisations to share it with us. Before providing permission to such third party organisations to share your personal information, you should check their privacy notices carefully.

 

Subject to applicable laws, we may use a variety of technologies that collect and provide information about how our Digital Services are accessed and used by you. We may also use demographic information about who uses our Digital Services, which we get from third parties such as Google or social media that you use (we call this “Usage Information”). 

 

Usage Information may consist of the pages you have visited, the time you visited them and which beverage information (or other content) you accessed or provided. It also includes which language you use, demographic information about you (such as your age, gender and interest areas, where available) and which pages you have visited before you visited the current page. 

 

We collect this information to gain a better idea of how people interact with our brands so we can then tailor and improve them accordingly. Most Usage Information that we collect can't be linked to you individually, but if we can link it to you, then we treat it in accordance with this Privacy Policy. 

 

How and why do we use tracking technologies?

We use tracking technologies such as cookies, IP address recording or log files, to gather technical information such as your web browser type and which operating system you use, the webpage you came from, your path through our website and your Internet Service Provider. This is so we can improve the functionality of our websites and better understand how visitors like you use our Digital Services and the tools they offer. 

 

Often, individuals will interact with us in multiple ways and will provide us with personal information in different contexts. We may use your personal information to obtain a profile of your different interactions with us and to understand your preferences.  

 

These tracking technologies help us tailor our Digital Services to your personal needs:

 

• Subject to your consent where required by applicable law, our Digital Services use cookies and similar technologies (“cookies”). Cookies are small files placed on your device which serve a number of purposes, such as remembering your preferences. Cookies let you enjoy a richer and more tailored browsing experience, as well as help to accurately measure your behaviour on our website. You can learn more about which cookies we use and how to disable them in our Cookies Policy

• An IP address is a number used on a network to identify your computer every time you connect to the Internet. We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical issues, (ii) maintain website safety and security, (iii) restrict access to our Digital Services to certain users, (iv) track location and behaviour, analyse, segment and target advertising to customers, and, (iv) better understand how our Digital Services are utilised e.g. using Google Analytics;

• We (or a third party on our behalf) may collect and use your mobile/tablet device ID to provide a more tailored browsing experience, to alert you to nearby events or promotions and for reporting and analysis;

• We (or a third party on our behalf) may collect information in the form of logs files that record activity and gather statistics about browsing habits. These entries are generated anonymously, and help us gather (among other things) (i) your web browser type and operating system, (ii) information about your session (such as the URL you came from, the date and time you visited our Digital Services, and which pages you have viewed and for how long), and, (iii) other similar navigational or click-stream data. We also use log file information for our internal marketing and demographic studies, so we can constantly improve and customise the online services we offer you. Log files are only used internally, and are not associated with any personally identifiable individual. 

 

3. For what purpose do we use your Personal Data?

Under data protection law, we can only use your Personal Data if we have a proper reason for doing so, e.g.:

 

• to comply with our legal and regulatory obligations;

• for the performance of a contract with you or to take steps at your request before entering into a contract;

• for our legitimate interests or those of a third party; or

• where you have given consent.

 

Generally, the information we collect is only used for any purpose for which you submitted it to us, for any purpose made clear to you at the point it was collected or here in this Privacy Policy. These purposes may include:

 

• When you register or sign-up via our Digital Services: the Personal Data you give is used to provide you with the benefits that typically come along with registration. This includes information on the products and brands that you have signed up to (and, if you have opted-in, to receive information about other Pernod Ricard products), the ability to send, receive and personalise communications you select at the time of registration or that automatically come with your registration. For example, subscription to a newsletter, creation of an account, participation in a sweepstake or contest, invitation to or attendance at an event organised by us or on our behalf;

• When you are selected or invited to attend an event we will use your Personal Data to provide you with details, tickets and entry information and to provide the organisers with information to allow them to verify your attendance;

• When you enter a sweepstake or contest we use your Personal Data to identify unique entrants and to inform winners and others of the outcome;

• When you use the ‘Send to a friend’ feature: Personal Data for one-time use (typically, names and email addresses) is used only once (e.g., to send a message) and is not retained by us;

• When using e-commerce on some of our websites: we (or a third party on our behalf) will use your Personal Data to create your account, facilitate the purchase process, manage your order and deliver your products under the contract you have with us (or the third party) and to understand your purchase history. We may use automated decision making to detect fraudulent activity or to secure payment by verifying card-holder details where it is necessary for entering into or performing a contract with you; 

• When you use a QR Code or equivalent feature displayed on our products: we use your Personal Data to send you more information on the products where the QR code or equivalent feature was displayed or other BeringIce products (if you opt-in to receive that information);

• When you submit Personal Data on the iPads or other mobile devices available in Heritage Centres or distilleries: this is used to send you more information on the relevant products;

• Feedback, questions, or comments through our ‘Contact Us’ form and our ‘Tell Us’ compliance reporting system: if you contact us via an online contact form, your information is used to respond to your inquiry or comment;

When you submit your Personal Data, you may also be given the option (through a tick box or other consent mechanism) to have your information used for an activity or service different from the one you are requesting. For example, if you enter a contest to win a prize, you may also be invited to sign up for a newsletter about other products. If you choose to have your information used for another activity or service in this way we will use your information to provide them to you.

In addition, when you submit your Personal Data, you may be given the option (through a tick box or other consent mechanism) for your information to be used for other BeringIce products. Will use your information to provide you with information and promotions regarding other BeringIce products.

 

We may also use your email address to send you transactional or administrative communications such as confirmation emails when you sign up for, or unsubscribe from, a specific registration or activity. We may also use it for certain service-related announcements, such as updates to our Privacy Notice, discontinued features or programs on our Digital Services, changes to our online services or technical support policies. 

 

We retain your personal data in our global consumer database which allows us to ensure that your Personal Data remains accurate and up to date and to share your Personal Data with appropriate BeringIce affiliates. To avoid duplication in our database, we may use information about each of your interactions with one of our BeringIce affiliates to check whether your Personal Data is still accurate. We will use that information to complete, enhance or update your Personal Data with the additional information you might have provided.

 

Subject to applicable laws, this may include occasionally combining, updating, or otherwise enhancing the Personal Data collected through our Digital Services with anonymised data we get from outside records or third parties.  For instance, we may combine purely demographic or survey information (e.g., age, gender, household information, and other interests) not linked to any personal information about you with Personal Data collected in other cases (such as during account registration).

 

We may also use your Personal Data, the combined information referred to above and/or demographic information for our internal marketing, segmentation, analysis and demographic studies. This helps us to constantly improve, personalise, and customise the products and services we provide. 

 

Legitimate interests - managing our business

In relation to a number of uses of Personal Data we refer to above we are doing this on the basis that it is in our legitimate interests – or those of a third party – for us to do so.   A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. These interests cover a number of aspects of our business operations, namely:

 

• Ensuring that we are as efficient as we can be so we can deliver the best Digital Service and products for you that we can and understanding our customers and the users of our Website;

• To allow us to provide bespoke Digital Services and products where requested by you, to personalise your experience and to tailor the content, offers and promotions we send to you promoting our products and services;

• Protecting our commercially valuable information and also our intellectual property;

• Preventing and detecting fraud and/or criminal activity that could be damaging for us and for you;

• Understanding how our business is performing and considering how to improve our performance; and

• Ensuring we are able to keep up to date with our customers and contacts and developments in their organisations.

 

Promotional communications

We may use your Personal Data to send you updates (by email or post) about our products and Digital Services, including exclusive offers, promotions or new products and Digital Services.

 

We have a legitimate interest in processing your Personal Data for promotional purposes. This means we do not always need your consent to carry out promotional activities. However, where consent is needed, we will ask for this consent separately and clearly.

 

You have the right to opt out of receiving promotional communications at any time by:

 

• contacting us at hello@beringice.com  

• using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts

 

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or Digital Services in the future, or if there are changes in the law, regulation, or the structure of our business.

 

4. What happens if you do not wish to share your Personal Data with us?

If you choose not to submit any Personal Data when requested, you may not be able to participate in certain activities or use some of the personalised features of our Digital Services. This may also limit the services and special offers we can provide you. For example, if you refuse to share your email address, you will not be able to receive any of our newsletters or otherwise register for our Digital Services. However, you do not need to give us any Personal Data to simply browse our websites and learn more about us and our products.

 

5. Who do we disclose your Personal Data to and why?

We will never share your Personal Data with any third party that intends to use it for direct marketing purposes, unless we have specifically told you and you have given us explicit permission to do this. 

 

We may share your Personal Data with affiliates within the BeringIce Group. The purposes are explained in Articles 2 and 3 above. The information we collect as described in this Privacy Policy may come from the entity to which you provide it but may also be made available, subject to your consent, through such entity to other entities of the BeringIce Group to provide you with news and promotional information about their products or programs you have shown interest in. 

 

If you wish to withdraw your consent to such sharing and use of your information, please address your request as indicated in Article 9 of this Privacy Policy. Please tell us if you are withdrawing your consent for us to share your Personal Data with all of the affiliates in the BeringIce Group to provide you with news and promotional information or just some of those affiliates (and, in that case, please indicate which ones). 

 

We may also share your Personal Data with other third parties, but only in the following circumstances: 

 

• We may use third parties to help deliver our products or Digital Services to you, e.g. payment service providers, warehouses and delivery companies;

• We may share your Personal Data with social media providers such as Facebook, Twitter and Instagram, in which case email addresses will be uploaded then encyrpted.  For example, where you are a registered user of Facebook, we will use your email address in an encrypted format to enable Facebook to find other registered users of their services that share similar interests to you based on: (1) information that we observe about you from your different interactions with us; and (2) the information Facebook holds about you;

• We may share your Personal Data with third parties who provide programmatic advertising services to serve you with relevant advertising;

• We may use or work with service providers, agents or contractors or other third parties e.g. marketing and digital agencies or third party data providers as described above, to support the internal operation of our Digital Services, and to assist us with administering, enhancing or tailoring them or the various functions, programs and promotions available on them. Any such third party must provide appropriate levels of security for your Personal Data and, where required, are bound by a legal agreement to either delete or keep your Personal Data private, secure and to process it only on our specific instructions;

• When we run a joint or co-sponsored program or promotion on our Digital Services with another company, organisation, or other reputable third party, we may collect and process Personal Data and share it with that partner or sponsor as part of the event. If your Personal Data is being collected by (or is shared with) a company other than one that is part of the BeringIce Group as part of any such promotion, we will let you know at the time it is collected;

When we run a promotion in partnership with a third party outside the BeringIce Group, we may provide a separate link to their privacy policy which you should read before you share any Personal Data. The operators of other sites may collect information from you which will be used by them in accordance with their own data protection policy or privacy policy.  If you do not want your information to be collected by or shared with a company other than the BeringIce Group, you can choose not to opt in or participate in these events at the time the Personal Data is collected or requested;

• We may also disclose your Personal Data if we are required to do so by law or by law enforcement agencies or regulatory bodies, or if such action is necessary to comply with legal or regulatory processes, to respond to or pursue any claims, or to protect the safety or rights of us, our employees, customers, or the public;

• In the event of a merger or acquisition of all or part of us by another company, or in the event that we were to sell or dispose of all or a part of our business. In this case the acquirer would have access to the information maintained by us, which could include Personal Data, subject to applicable law. Similarly, Personal Data may be transferred as part of a corporate reorganisation, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law;

• We may share aggregated demographic or survey information with third parties, but this information is in anonymous form and does not contain any Personal Data. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology, as explained in Article 2.

 

6. Is your Personal Data sent to recipients located in other countries and why?

We and our affiliates in the BeringIce Group are a global group and your Personal Data may be transferred across international borders. It may be transferred to countries that have different data protection laws to the country from where you submitted your Personal Data. Your Personal Data may also be transferred between different companies of the BeringIce Group located in different countries. 

 

We will, however, ensure the transfer complies with data protection law both during transit and at the storage location and all Personal Data will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. 

 

Our main service providers for the operation of our Digital Media are based in the United States. The transfers of personal data to these services providers are implemented in accordance with applicable laws and rely on standard contractual clauses as set out by the European Commission or on the EU-US Privacy Shield. Such service providers are also bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that they act only on a member of BeringIce Group’s instructions and implement technical measures necessary on an ongoing basis to keep your Personal Data secure. 

 

7. How long do we keep your Personal Data? 

We may store the Personal Data that you send to us via our Digital Services in our databases. We will not retain your Personal Data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of Personal Data. 

 

We retain your Personal Data as long as your account is active, for the duration of a contract with you or however long it takes to provide you with the products or services requested, to answer queries or resolve problems, to show that we treated you fairly, to keep records required by law and to improve or offer new services. 

 

We may also need to retain your Personal Data to comply with our legal and regulatory obligations, resolve disputes, enforce our agreements, and similar records management purposes.

 

We may also retain your Personal Data for a reasonable period after you stop using our services or our Digital Services. After this period, your Personal Data will be deleted from all systems in the BeringIce Group.

 

If you ask us to delete your information in accordance with your rights set out in Article 9 below, we will retain basic information on a suppression list to record your request and to avoid sending you unwanted materials in the future.

 

8. How do we keep your Personal Data secure?

We have appropriate security measures to prevent your Personal Data from being accidentally lost, or used or accessed unlawfully. These include: (i) storing your Personal Data in secure operating environments that are not available to the public and that are only accessible to authorised employees, our agents and contractors; and, (ii) verifying the identities of registered users before they can access Personal Data we store about them. 

 

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

 

9. Your rights

You have the following rights, which you can exercise free of charge:

 

You can ask us to:

• provide a copy of your personal data (the right of access) including the categories of data that are used in profiling or decision making processes

• correct any mistakes in your personal data including in the profile  

• delete your personal data—in certain situations

• restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data

• provide you with a copy of the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

You can object:

• at any time to your personal data being processed for direct marketing including profiling;

• in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests 

You can also contest the result of an automated decision.

 

If your Personal Data has been processed on the basis of your consent, you can withdraw your consent at any time.

We hope that we can resolve any query or concern you may raise about our use of your information. You also have the right to complain to the supervisory authority in the European Union where you work, normally live or where any alleged infringement of data protection laws occurred.   

 

If you would like to exercise any of your rights please email us on hello@beringice.com .

Your objection (or withdrawal of consent) may mean we cannot provide the products or services you have requested of us or you may not be able to use the services we offer.   We will advise you where this is the case.   In certain circumstances even if you withdraw your consent we may still be able to process your Personal Data if required or permitted by law or for the purpose of exercising or defending our legal rights or meeting our legal and regulatory obligations.   

 

If you participated in a program that involved a third party and you agreed to receive communications from that third party, you will need to contact them directly to opt-out. This process should be outlined in the third party’s privacy policy.

 

10. How do we treat children's information?

Our Digital Services are not intended for children under the age of majority (“Minor”), so we do not knowingly collect Personal Data from Minors. You must be at least eighteen years old (or, if the legal drinking age where you live is higher, you must be at least that age) to create an account and engage in activities and transactions on our Digital Services. By creating an account or engaging in activities or transactions, you confirm that you are at least eighteen years old (or, if the legal drinking age where you live is higher, that you are at least of legal drinking age) and are fully able to enter into, comply with and be legally bound by any terms of use made available to you and this Privacy Policy. If we are notified or learn that a Minor has submitted personal data to us through our Digital Services, we will delete their Personal Data.

 

11. Do we link to other third party websites?

Our Digital Services may contain links that will direct you to other websites or services that are operated and controlled by third parties. This includes links from advertisers, sponsors and partners that may use our brands or logo(s) as part of a co-branding agreement. 

 

The operators of other sites may collect information from you which will be used by them in accordance with their own data protection policy or privacy policy. We have no control over these third parties, and your use of their websites and features are subject to the privacy policies posted on those websites. We are not responsible or liable for the privacy practices or business practices of any third-party website. Therefore, you should exercise caution and review the privacy policies applicable to those external websites you visit, before you provide your Personal Data.

 

12. How can you contact us?

If you have any questions, complaints, or comments about this Privacy Policy or our how we collect and manage your Personal Data, please contact us by writing to:  

 

Data Privacy, Feldeggstrasse 38, 8008, Zurich Switzerland. or sending an email to: hello@beringice.com BeringIce, Blux GmbH 

 

13. Changes to this Privacy Policy

This privacy notice was last updated: 23 May 2018.

We may change this privacy policy from time to time, so please check back regularly to keep informed of updates to this Privacy Policy and our Cookies Policy.