Terms and Conditions
All The Jewells, LLC ("ATJ") Terms and Conditions of Membership ("Conditions")
These Conditions apply to all services ordered from or provided to you by ATJ and by requesting services from ATJ you agree that these conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
Benefits: means the benefits made available to Members by Suppliers.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Joining Fee: means the Fee payable by the Member to ATJ upon acceptance of a Membership application, in accordance with clause 3.1.
Member: a person registered as a member of the Membership Club.
Membership: means membership of the Membership Club.
Membership Card: means the card issued to Members by ATJ upon acceptance of a Membership application in accordance with clause 2.
Membership Club: means the ATJ Membership Club owned by All The Jewells, LLC.
Membership Fees: means the fees payable in respect of Membership notified to Members upon application for and prior to renewal of Membership.
Payment Card: has the meaning given in Clause 3.7.
Website: means the website located at www.AllTheJewells.com
Request: means a request placed by a Member with ATJ for ATJ to arrange the supply of goods and/or services from a third party on the Member's behalf.
Services: means the concierge and lifestyle management services provided by ATJ to its Members as part of their Membership.
Supplier means a supplier engaged by ATJ on behalf of and as agent for a Member to provide goods and/or services to that Member.
1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.
2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD
2.1 All Membership applications are subject to acceptance by ATJ at its sole discretion. ATJ shall notify applicants in the event that his or her Membership application has been accepted. ATJ is under no duty to disclose its reasons for rejecting any Membership application.
2.2 You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify ATJ promptly in the event that any information provided by you in connection with your Membership changes.
2.3 ATJ operates its office in Atlanta, Ga. ATJ encourages Members with residences in every country & territories to register for Membership online through the ATJ member portal.
2.4 ATJ will issue you a Membership Card together with associated Membership documentation as soon as possible following receipt of your Joining Fee and Membership Fee.
2.5 Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.
2.6 Access to and use of your personalized Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify ATJ immediately if you believe that there has been any breach of security, including the unauthorized use of your name and password.
2.8 You must notify ATJ immediately by e-mail at Melissa@AllTheJewells.com if your Membership Card is lost or stolen.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3.1 For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be payable in full upon acceptance of your Membership application. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance or their Renewal Dates.
3.2 You acknowledge that your payment of the Joining Fee constitutes your express request for us to begin to supply you with the Services.
3.3 Subject to Clauses 3.5, 3.6 and 3.12, Membership Fees are non-refundable. Your Joining Fee covers our costs in setting up your Membership and is non-refundable in all circumstances.
3.4 You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application ("Cancellation Period") and we would ask that you inform us of your decision in writing.
3.5 If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have performed up until you informed us of your decision to cancel.
3.6 ATJ reserves the absolute right to cancel or suspend your Membership where it has reason to do so. If ATJ cancels your Membership, where it is reasonable to do so ATJ shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.
3.7 Membership Fees are due on acceptance of your Membership application and monthly thereafter (the "Renewal Date"), and full payment will be taken by ATJ monthly in advance by direct debit or payment by a credit or debit card which you have authorized us to deduct such payment from ("Payment Card") in accordance with the relevant invoice.
3.8 Where you have provided us with details of a Payment Card or have authorized a direct debit mandate, you hereby expressly authorize ATJ to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively you will be contacted directly in order to renew your Membership.
3.9 If you do not wish to renew your Membership you must notify us at least 30 days prior to your Renewal Date.
3.10 If you do not notify us in accordance with Clause 3.9, ATJ reserves the right to recharge the then current Membership Fee in order to renew the Membership.
3.11 ATJ (and its affiliated offices) reserve the right to refuse to provide the Services should any payment due under these Conditions not be received.
3.12 If, during the course of your current Membership, you wish to upgrade your Membership to a higher level of Membership or ATJ reasonably requests you to upgrade your Membership based on your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis. If you do not accept ATJ's request for you to upgrade your Membership then ATJ reserves the right to cancel your existing Membership with immediate effect in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Membership year for which you have paid Membership Fees.
3.13 ATJ may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorize ATJ to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
4.1 ATJ shall supply the Services to the Member during the Membership in accordance with the Member's particular Requests, provided that ATJ shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
4.2 ATJ shall use its reasonable endeavors to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
4.3 ATJ shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and ATJ shall notify the Member in any such event.
4.4 Services will be provided in English (and in other languages upon request).
4.5 Outside normal business hours (or as may otherwise be required from time to time), Member queries and/or Requests may be routed to an alternative ATJ office for assistance. At such times, services will be provided in the English language.
4.6 You acknowledge that ATJ reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
4.7 Telephone calls to ATJ may be monitored or recorded for training and quality control purposes.
4.8 ATJ shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
4.9 Restaurants and clubs:
(a) When you use the restaurant booking service you hereby authorize us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.
(b) When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
(c) ATJ reserves the right to deny restaurant requests from Members if Members repeatedly fail to honor their bookings or continuously violate cancellation policies.
(d) Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and ATJ shall have no liability where a Member is refused admission to a club.
(a) ATJ may be able to obtain "best tickets" for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing ATJ to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to ATJ in respect of our provision of services to obtain the seats for you. ATJ is not the seller of the tickets and is not responsible for fulfillment of your order.
(b) All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. ATJ shall not be able to provide you with any refund or obtain any such refund on your behalf.
(c) In the event of a show being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.
(d) ATJ or its ticket agent partner will despatch your tickets through delivery agents at standard rates. Please note that ATJ shall not be liable for any failure by delivery agents to deliver your tickets.
5. PLACING A REQUEST
5.1 Members may place Requests by telephone (which does not include text messages), e-mail or through the Members' section of the Website.
5.2 Members should always contact the Atlanta office in the first instance to manage all Requests (including international Requests).
5.3 ATJ, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
5.4 If ATJ is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.
5.5 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.
5.6 From time to time the procurement or provision of certain services, products or benefits may incur a ATJ services fee or handling charge (of which you will be notified in advance, and which may vary between ATJ offices) and in such event you hereby authorize ATJ to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
6.1 The Member acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Member and the relevant Supplier and that ATJ is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
6.2 If a Request for a specific product or service is not available, ATJ may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
6.3 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. ATJ shall not be liable for inaccurate or misleading descriptions.
6.4 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
6.5 The Member further acknowledges that for goods purchased on his or her behalf by ATJ directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where ATJ is asked to source a specific item for a Member, ATJ shall inform the Member of the refund and exchange policy of that Supplier in advance. ATJ shall not be liable to the Member where a Supplier does not accept the return or exchange of an item.
6.6 It shall be the Member's sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
6.7 We will inform you when we become aware that a refund of an order has been processed by a Supplier.
6.8 Where orders are delivered outside the US, any applicable customs duties and sales taxes shall not be refundable through ATJ. It shall be the Member's sole responsibility to recover such monies. ATJ shall have no liability for any items held by any customs or border agency.
6.9 In the case of premium courier services, if the Member is not at the specified Delivery address to receive their Order at the scheduled time, the Member may incur further charges for subsequent attempts to re-deliver the goods.
7.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. ATJ shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
7.2 Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
7.3 When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you request and authorize ATJ to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that ATJ shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that ATJ acts in accordance with the instructions issued by you in relation thereof.
7.4 You acknowledge that the Benefits are subject to availability and may change from time to time without notice.
7.5 If ATJ's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (Member Default):
(a) ATJ shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays ATJ's performance of any of its obligations;
(b) ATJ shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from ATJ's failure or delay to perform any of its obligations as set out in this clause 7.5; and
(c) the Member shall reimburse ATJ on written demand for any costs or losses sustained or incurred by ATJ arising directly or indirectly from the Member Default.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Conditions shall limit or exclude ATJ's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
8.2 Subject to clause 8.1:
(a) ATJ shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
(b) ATJ's total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member's annual Membership Fee.
8.3 Your contract for the supply of products or services is made with the relevant Supplier only. ATJ acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
8.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. ATJ hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the ATJ.
8.5 ATJ shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
8.6 ATJ shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of ATJ's obligations in relation to the Services, if the delay or failure was due to any cause beyond ATJ's reasonable control.
8.7 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
8.8 This clause 8 shall survive termination of these Conditions.
Welcome the All The Jewells, LLC privacy notice.
All The Jewells, LLC respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects to you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. Important Information and Who We Are
2. How Is Your Personal Data Collected
3. The Data We Collect About You
4. How We Use Your Personal Data
5. Disclosures of Your Personal Data
6. International Transfers
7. Data Security
8. Data Retention
9. Your Legal Rights
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy notice
This privacy notice aims to give you information on how ATJ collects and processes your personal data through your use of this website or our services, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition. This website is not intended for children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
The ATJ Group is made up of different legal entities. This privacy notice is issued on behalf of each member of the ATJ Group so when we mention " ATJ ", "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the ATJ Group responsible for processing your data. ATJ is the controller and responsible for this website.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Full name of legal entity: ATJ
Name or title of DPO: Melissa Costley
Email address: Melissa@AlltheJewells.com
Telephone number: 678-702-6012
You have the right to make a complaint at any time to the higher authority. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 5 Dec 2020.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you join the ATJ Membership Club or place a request for services with ATJ and includes circumstances in which you:
apply for our products or services;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from analytics providers such as Google based outside the US.
Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
3. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login 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 to interact with or access this website.
Profile Data includes your membership identification number, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or 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 collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
We do not collect any information about criminal convictions and offenses.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or placed a request with us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the ATJ group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Internal Third Parties as set out in the Glossary.
External Third Parties as set out in the Glossary.
Specific third parties such as ATJ Group franchise partners.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We share your personal data within the ATJ Group. This will involve transferring your data outside the European Economic Area (EEA).
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymous your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. To find out more about these rights, please refer to paragraph 10 below:
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
Other companies in the ATJ Group acting as joint controllers or processors and who are based in the United States of America, the United Arab Emirates and Hong Kong and provide:
services pursuant to the contract we are about to enter into or have entered into with you.
IT and system administration services and undertake leadership reporting.
External Third Parties
Franchise partners acting as joint controllers or processors who may provide services pursuant to the contract we are about to enter into or have entered into with you.
Service providers acting as processors who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
Your Legal Rights
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No Refunds except where outlined in the Member Terms & Conditions