Privacy & Cookie Policy

At The Orchard we are committed to protecting your privacy. We will use your personal information in accordance with the Data Protection Act 1998 (the DPA) until it is no longer in force, and other applicable laws and regulations that relate to data protection and privacy. This policy was updated in April 2018 to show that we are adhering to the new General Data Protection Regulation (GDPR). The privacy of our customers is of paramount importance and we will always treat your personal information as confidential. If you have any questions or concerns relating to our privacy policy, please do not hesitate to contact Customer Services and one of our representatives will be happy to help. In the course of our dealings with you, we will collect and process personal information about you in order to provide you with the goods and services you request and to administer our relationship with you. This may involve the sharing of your personal information with other third parties.

WHO ARE WE?

In this Privacy Policy, references to we, us or our (or words of similar import) means Orchard Garden Centre (Celbridge) Limited, Company Number 110850, Registered Office: The Orchard, Dublin Road,Celbridge, Co. Kildare For the purposes of this policy we are the data controller in respect of your personal information that we collect and process as further described in this Privacy Policy. As described below, we may share your personal information with other organisations that may receive and process your personal information as a data controller in their own right.

THE DATA WE PROCESS AND STORE:

This section provides you with information about:

what personal data we hold and process;
in respect of personal data that we did not collect from you directly, where we obtained that data from, and what types of data we have collected;
the purposes for which we may process your personal data; and
the legal grounds on which we process your data

ORDER PROCESSING

When you place an order(s) for goods or services via our website or in store we collect personal information which may include; your contact details (including email address and mobile phone number), payment card details, delivery address and any transaction details. If you become a registered user of our website, you can save your details for future use. We also collect data about your purchase history, and information generated from our own analysis of this information. How we use this data: We process your personal data on the basis of performing a contract. This personal data may be processed for the purposes of administering payment, to allow us to deliver the services/goods you have ordered through our website and in keeping proper and accurate records of these transactions. Data is processed through our website provider Nitrosell and held on UK based servers. We hold your data in our own secure database in-house at The Orchard. Payment data via our website is processed via our PCI approved payment providers Realex Payments. No payment card information is held by us. If you do not complete your registration or order, where you have given us your consent, we may use any contact information you have provided us to follow-up on your partial registration or order. If you have given your consent and chosen to receive marketing communications we will add your email address to our marketing database as set out in the section below. If you are a previous customer, we will retain the contact information you have provided to us in our marketing database until such time as you opt-out of receiving marketing communications from us. The legal basis on which we hold this contact information is legitimate interest. We will share some of your personal data with selected third parties in order to provide you with the goods and services you request and to administer our relationship with you. This will include couriers to deliver parcels on our behalf, our email platform provider, credit reference agencies and third parties who operate data storage/management systems on our behalf. Full details of such third parties can be provided on request (using the contact details in the "How you can contact us" section below).

MOBILE TERMS OF SERVICE

Last updated: Nov. 12, 2024

The The Orchard mobile message service (the "Service") is operated by The Orchard (“The Orchard”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to The Orchard’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Orchard through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Orchard. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command ORCSTOP to 50015 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Orchard mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to TheOrchard or email customerservice@theorchard.ie.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

REWARDS CLUB MEMBERS

When you become a member of The Orchard Rewards Club we may collect the following personal data: Name, Date of Birth and Contact details (including email address and mobile phone number). We also collect data about your purchase history, and information generated from our own analysis of this information. How we use this data: We hold your data in our own secure database in-house at The Orchard. We may use your name, address, phone number and/or email address to send you marketing communications by your preferred contact method about our products, services and events which we feel may be of interest to you. We may use your address, date of birth and purchase history (including the types of products and services you purchase, the amount you spend with us, the time of year you shop and how you shop (online or in person)) to create a profile of you and your spending habits to assist us in sending to you relevant communications and information based on our understanding of your preferences, so we can improve our customers’ experience. We process your personal data on the basis of performing a contract with you - keeping in contact with our Rewards Club members, keeping our customers up to date with our news, offers and events, promoting our products, services and events (on the basis of your preferences). We process your purchase data to understand our customers’ spending habits. The legal basis for this processing is our legitimate interests, to assist us in improving our centre and sales offering. We will share some of your personal data with selected third parties in order to provide you with the goods and services you request and to administer our relationship with you. This will include our marketing agencies (who carry out the profiling referred to above on our behalf), mailing house provider, our email platform provider, credit reference agencies and third parties who operate data storage/management systems on our behalf. Full details of such third parties can be provided on request (using the contact details in the "How you can contact us" section below).

COMPETITIONS

When you enter a competition either in store or on our website we will collect your contact details which may include name, email address and phone number. How we use this data: We process your personal data on the basis of consent to allow us to process your entry in to the competition. If you have given your consent and chosen to receive marketing communications we will add you to our email marketing newsletter database as set out in the section below. We will share some of your personal data with selected third parties. This will include our email platform provider, and third parties who operate data storage/management systems on our behalf. Full details of such third parties can be provided on request (using the contact details in the "How you can contact us" section below).

EMAIL MARKETING COMMUNICATIONS

While making a purchase or entering a competition via our website or in-store you may be given an opportunity to provide us with your contact details and join our email marketing database. How we use this data: We may use your email address to send you marketing communications via email about our products, services and events which we feel may be of interest to you. We process your personal data on the basis of consent, we will only send our email marketing to people who have given their consent to state they wish to receive them. (For Rewards Club members please see Rewards Club section). We will share some of your personal data with selected third parties. This will include our marketing agencies, our email platform provider, third parties who operate data storage/management systems on our behalf. Full details of such third parties can be provided on request (using the contact details in the "How you can contact us" section below).

You may opt-out of receiving our email marketing at any time by clicking the unsubscribe button at the bottom of each email.

DIRECT MAIL MARKETING

From time to time we may process data to send you direct mail via post. How we use this data: We may use your contact details to send you direct mail about our products, services and events which we feel may be of interest to you. We hold your data in our own secure database in-house at The Orchard. We process your personal data on the basis of our legitimate interests of keeping in contact with our current and previous customers to keep them informed of our news, offers and events. We will share some of your personal data with selected third parties. This will include our marketing agencies, our mailing house provider, third parties who operate data storage/management systems on our behalf. Full details of such third parties can be provided on request (using the contact details in the "How you can contact us" section below). You may opt-out of receiving our marketing at any time by contacting us on the details below.

WEBSITE USAGE

We may process data about your use of the Site ("usage data"). This may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use. This data is obtained through our analytics tracking system, Google Analytics. Often usage data will be aggregated in such a way that it contains no information pertaining to an individual at all: as such is it not actually personal data but we address it in this Notice for completeness’ sake. We process this data for the purpose of improving our Site and the legal basis for this processing is our legitimate interests. Facebook Usage You may come across us on Facebook through your own networks, or you may be presented with an advert from us. We target adverts at audiences that look like they have an interest in our goods and services. We do this to inform, educate and engage new and existing customers. More information on how to control the ads you see on Facebook can be found here: https://www.facebook.com/help/1075880512458213/?helpref=hc_fnav If you contact us via this channel please be aware that we have no control over the data provided while on the platform. Your enquiry data may be transferred to our database as detailed in the enquiry data section.

CCTV

CCTV footage in which you feature when you visit our premises. This data is held at The Orchard. We may use CCTV data to address any claims made against us; for example, we may share details of our accident logs and CCTV footage with our claims handlers and insurers in connection with any claim made or likely to be made against us.

CUSTOMER SERVICES

In the event that you have an accident while in-store that you bring to our attention, we may record details of that accident and any injury you suffer in the relevant store's accident log.

If you lodge a complaint with us we will record details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint. This information will be stored in our database. We will only use the complaint data to process the complaint and to check on the level of service we provide or how contracts are performed. We may compile and publish statistics showing information like the number of complaints we receive, but not in a form which identifies anyone. We may have to disclose the complainant’s identity to whoever the complaint is about. This is inevitable where, for example, the accuracy of a person’s record is in dispute. If a complainant doesn’t want information identifying him or her to be disclosed, we will try to respect that. However, it may not be possible to handle a complaint on an anonymous basis.

We process your personal data in this way on the basis of our legitimate interests in dealing appropriately with the complaint.

If you make a warranty claim with us we will record your personal details and details of the fault. This information may be shared with the manufacturer to process the warranty claim.

ENQUIRIES

If you get in touch with us via the contact form on the website, via phone, email or face to face in-store we may save the details you provide us in our database. This way, if you get in touch with us in future we can refer to our previous conversations. The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you The legal basis for this processing is our legitimate interests in responding to your enquiry appropriately. We will not contact you or share your details without asking for your consent.

JOB APPLICATIONS

While making an application for a vacancy that we are advising we will ask you to either send your CV to us or complete an application form. These will include a variety of your data including your contact details, employment history and other information. You may also provide us with special category data, namely health conditions and criminal convictions. How we use this data: We use the information to process your application for employment with The Orchard. We process your personal data on the basis of consent, we will only use your data for processing your application and if unsuccessful your data will be retained for a period of 12 months. Your data will not be shared without your consent.

CORRESPONDENCE

We may process information contained in or relating to any communication that you send to us. The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website and any contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping.

The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

OTHER PROCESSING AND DATA SHARING

We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice.

The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks. We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

DETAILS OF 3RD PARTIES:

Full details of the third parties we work with can be provided on request using the contact details in the "How you can contact us" section below.

OPT-OUT OF COMMUNICATIONS

You may opt-out of receiving communications at any time by clicking unsubscribe in emails or by contacting us using the details below. If you are a Rewards Club member and choose to unsubscribe from all communications we will be unable to perform the services offered to you as part of your membership, such as sending you rewards or providing benefits.

INTERNATIONAL TRANSFERS:

We do not transfer any of your data outside of the European Economic Area. Where your personal data is transferred outside of the EEA, we will ensure that either (a) The European Commission has made an "adequacy decision" with respect to the data protection laws of the country to which it is transferred, or (b) we have entered into a suitable data processing agreement with the third party situated in that country to ensure the adequate protection of your data. In all cases, transfers outside of the EEA will be protected by appropriate safeguards.

HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use cookies to:

Allow you to remain logged in to your account when browsing our store.
Remember your preferences when using the store
We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs, such as remembering the last product you viewed. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. The legal basis for this processing is our legitimate interests, namely the improvement of our Site.

RETAINING AND DELETING PERSONAL DATA:

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

YOUR RIGHTS:

You have the following rights in respect of the personal data we hold about you:

a right of access to such data;
a right to object to processing that is likely to cause or is causing you damage or distress;
a right to prevent processing for direct marketing;
a right to decisions made by automated means;
a right to have inaccurate personal data rectified, blocked, erased or destroyed; and
a right to claim compensation for damages caused by a breach of relevant data protection legislation.

Your right to access your data. You have the right to ask us to confirm whether or not we process your personal data and, to have access to the personal data, and any additional information. That additional information includes the purposes for which we process your data, the categories of personal data we hold and the recipients of that personal data. You may request a copy of your personal data. The first copy will be provided free of charge, but we may charge a reasonable fee for additional copies. Your right to rectification. If we hold any inaccurate personal data about you, you have the right to have these inaccuracies rectified. Where necessary for the purposes of the processing, you also have the right to have any incomplete personal data about you completed. Your right to erasure. In certain circumstances you have the right to have personal data that we hold about you erased. This will be done without undue delay. These circumstances include the following: it is no longer necessary for us to hold those personal data in relation to the purposes for which they were originally collected or otherwise processed; you withdraw your consent to any processing which requires consent; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. We will analyse each request for erasure and we will agree if there is no legitimate reason to retain the data to the normal retention period, at which point we will instruct anonymisation of the data. Your right to restrict processing. In certain circumstances you have the right for the processing of your personal data to be restricted. This is the case where: you do not think that the personal data we hold about you is accurate; your data is being processed unlawfully, but you do not want your data to be erased; it is no longer necessary for us to hold your personal data for the purposes of our processing, but you still require that personal data in relation to a legal claim; and you have objected to processing, and are waiting for that objection to be verified. Where processing has been restricted for one of these reasons, we may continue to store your personal data. However, we will only process it for other reasons: with your consent; in relation to a legal claim; for the protection of the rights of another natural or legal person; or for reasons of important public interest. Your right to object to processing. You can object to us processing your personal data on grounds relating to your particular situation, but only as far as our legal basis for the processing is that it is necessary for: the performance of a task carried out in the public interest, or in the exercise of any official authority vested in us; or the purposes of our legitimate interests or those of a third party. If you make an objection, we will stop processing your personal information unless we are able to: demonstrate compelling legitimate grounds for the processing, and that these legitimate grounds override your interests, rights and freedoms; or the processing is in relation to a legal claim. Your right to object to direct marketing. You can object to us processing your personal data for direct marketing purposes. If you make an objection, we will stop processing your personal data for this purpose. Your right to data portability. Where you have given us consent to process your personal data for the performance of a contract, you have a legal right to receive a copy of the personal data we hold about you. We will not be accepting Data Portability files from other third party companies/individuals. When a data request is made of us we will make available all applicable personal data to you in a .CSV file or alternative machine readable format agreed by us to be passed to the appropriate third party on your instruction. We will not however process your data in this way if we believe that it may pose a threat to the security of the data. Your right to object for statistical purposes. You can object to us processing your personal data for statistical purposes on grounds relating to your particular situation, unless the processing is necessary for performing a task carried out for reasons of public interest. Automated data processing. To the extent that the legal basis we are relying on for processing your personal data is consent, and where the processing is automated, you are entitled to receive your personal data from us in a structured, commonly used and machine-readable format. However, you may not have this right if it would adversely affect the rights and freedoms of others. Complaining to a supervisory authority. If you think that our processing of your personal data infringes data protection laws, you can lodge a complaint with a supervisory authority responsible for data protection. You may do this in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. Right to withdraw consent. To the extent that the legal basis we are relying on for processing your personal data is consent, you are entitled to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal. Exercising your rights. You may exercise any of your rights in relation to your personal data by written notice to us in addition to the other methods specified above. You have a right to lodge a complaint with the Information Commissioner’s Office via https://ico.org.uk/concerns/

HOW YOU CAN CONTACT US:

If you wish to exercise any of these rights, or you have any questions regarding this policy our data protection team can be contacted via: Email: marketing@theorchard.ie Phone: 01 6288903 Post : Dublin Road, Celbridge, Co Kildare W23 AP27

AMENDMENTS:

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy.

TYPES OF COOKIES

STRICTLY NECESSARY COOKIES

These cookies enable you to navigate our site and gain full access to its features and secure areas. Without these cookies essential services you have asked for like ‘Your Basket' cannot be provided.

PERFORMANCE COOKIES

These cookies remember information about how you and other customers use our website. This gives us vital information such as which pages are visited most often and if customers are receiving error messages from certain pages. The role of these cookies is to allow us to analyse and improve the performance of our website ensuring you receive a consistent look, feel and shopping experience. Performance cookies (often known as web analytic cookies) don't collect any information that identifies the customer and all information collected is aggregated and therefore anonymous.

FUNCTIONALITY COOKIES

These cookies remember choices you made on previous visits to our site such as your username, language or region so we can provide enhanced, more personal features. They can also be used to remember changes you've made to text size, fonts and other parts of web pages you can customise. Functionality cookies can also be used to provide services you have previously asked for such as watching videos or commenting on a blog. The information collected by these cookies may be anonymised and they cannot track your browsing activity on other sites.

TARGETING OR ADVERTISING COOKIES

These cookies are used to deliver adverts more relevant to your personal interests. Alongside this they limit the amount of times you see an advert and measure the effectiveness of adverts. This means you won't keep seeing irrelevant adverts or the same adverts over and over. These cookies are usually placed by advertising networks with the website operator's permission. They remember that you have visited a website and the information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisations that generate the advert. When one of these adverts is presented to you on a site there will be a quick and easy way to click in and opt out of receiving further adverts.

MANAGING COOKIES

CAN I DISABLE COOKIES FROM YOU WEBSITE?

It is possible to stop your browser accepting cookies from particular websites. However, disabling cookies from our site will mean you lose a lot of functionality, which will have a detrimental impact on your shopping experience and mean that you only have limited access to personalised areas of the site. Without access to the information on these cookies it is difficult for us to analyse the performance of our site. This is essential for us to continually improve our service.

Cookies are an essential part of how our site works and you will need to have cookies enabled to place an order. If you don't wish to enable cookies, you'll only be able to browse the site.

How to check cookies are enabled for PC

Internet Explorer

Click ‘Tools' in the menu bar at the top of your browser and select ‘Internet Options'
Click the ‘Privacy' tab and set the slider to medium to allow cookies

Google Chrome

Click on 'Tools' in the menu bar at the top of your browser and select ‘Options'
Click the 'Under the Hood' tab, in the 'Privacy' section select the 'Content settings' button
Now select 'Allow local data to be set'

Mozilla Firefox

Click on 'Tools' in the menu bar at the top of your browser and select ‘Options'
Select the ‘Privacy' Icon and click ‘Cookies'
Select ‘Allow sites to set cookies'

Safari

Click on the Cog icon at the top of your browser and select 'Preferences'
Click on ‘Security'; check the 'Block third-party and advertising cookies' box
Click 'Save'

How to check cookies are enabled for Macs