Jomari is committed to respecting your privacy and aims to ensure that any data provided to us is maintained and handled with skill and consideration, and in accordance with the applicable legislation.
‘Our Group’ means our subsidiaries, our ultimate holding company and its subsidiaries, our associated companies as defined in section 1159 of the UK Companies Act 2006 (our Group)
‘Clients’ refer to any company or organisation who purchase wholesale goods (including but not limited to Children’s clothing) from any of the manufacturers that we represent in form of a contractual relationship.
This notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a new regulation which replaces the Data Protection Regulation (Directive 95/46/EC). The Regulation aims to harmonise data protection legislation across EU member states, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.
Even though the UK has expressed its intention to leave the EU in March 2019, the GDPR will be applicable in the UK from 25th May 2018. The Government intends for the GDPR to continue in UK law post Brexit and has also introduced a Data Protection Bill to replace the current Data Protection Act in due course.
Your new rights under the GDPR are set out in this notice but will only apply once the GDPR becomes law on 25th May 2018.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purposes of data protection legislation in force from May 25th 2018 onwards, the data controller is Jomari of 24 Connaught Drive NW11 6BJ.
Who we are and what we do
We are a Fashion Agency as defined in the Commercial Agents Directive (86/653/EC). We collect the personal data of the following types of people to allow us to undertake our business
¥ Prospective and current clients for the selling of wholesale goods
¥ Prospective and live manufacturer contacts
¥ Prospective and live distributers
¥ Other partnership agencies
¥ Employees, including agents, sub-agents and temporary workers
We collect information about you to carry out our core business and ancillary activities.
Information you give to us or we collect about you.
This is information about you that you give us by filling in forms on our site, www.jomari.co.uk, applying to see collections through our website, or by corresponding with us by phone, e-mail, or otherwise. It includes information you provide when you register to use our site, to enter our database, subscribe to our services, attend our events, participate on any of our social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. It also includes any information garnered from professional sights such as LinkedIn.
The information you give us or we collect about you may include your name, address, private and corporate e-mail address and phone number, financial information, compliance documentation, links to your professional profiles available in the public domain e.g. LinkedIn, Twitter, business Facebook or corporate website.
How we obtain personal data
We obtain personal data from a number of different sources, depending on whether you are a Client, manufacturer or another agency.
If you are a Candidate, we may obtain personal data relating to you directly if you have;
• Applied for ordered from us before
• Enquired about our services or a collection
• Registered on our website
• Asked us to send you catalogues
• Engaged with us through any networking activities or events
• Had any discussions with us about finding suitable collections
• Online professional networking sites such as LinkedIn
• Social networking sites such as Facebook or Twitter
• Referees who provide information about your business and your relevance to our services
• Your website and other industry-related websites
• Business information directories
If you are a manufacturer or distributer, we may obtain personal data relating to you directly in the course of;
• Us providing services to you or you providing services to us, as applicable
Or indirectly from;
• Online professional networking sites such as LinkedIn
• Your employer’s website and other industry-related websites
• Business information directories
• Other individuals within your organisation in the course of us providing services to you or you providing services to us, as applicable.
In any case we will inform you, by sending you this privacy notice, within a maximum of 30 days of collecting the data, of the fact that we are holding personal data, and for what purpose we intend to retain and process your personal data.
We are working closely with third parties including companies within our Group and business partners. We may receive information about you from them for the purposes of our Fashion Agency and ancillary support services.
Purposes of the processing and the legal basis for the processing
We use information held about you in the following ways:
• To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to your career or to your organisation.
• To provide you with information about other goods and services we offer that are similar to those that you have been provided with or enquired about.
The core service we offer to our clients is the introduction of our manufacturers to our clients for the purpose of selling a collection for that season. However, our service expands to supporting individuals throughout the process and to supporting businesses’ needs and strategies.
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
We will rely on contract if we are negotiating or have entered into an agency agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation.
We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations.
We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent, if legally required. Examples of when consent may be the lawful basis for processing include permission to introduce you to a client (if you are a candidate).
Our Legitimate Business Interests
Our legitimate interests in collecting and retaining your personal data is described below:
As a fashion agency we introduce clients to our manufacturers, and vice verse, in order to facilitate the sale of a manufacturer’s collection to that client. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process.
In order to support our manufacturers sales aspirations and our clients’ needs for those goods, we require a database of manufacturer and client personal data containing historical information as well as current resourcing requirements.
To maintain, expand and develop our business and to deliver our ancillary services, we need to record the personal data of prospective manufacturers and client contacts.
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
We will use this information:
● To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes
● To allow you to participate in interactive features of our service, when you choose to do so
● As part of our efforts to keep our site safe and secure
● To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you
We do not undertake automated decision making or profiling. We do use our computer systems to search and identify personal data in accordance with parameters set by a person. A person will always be involved in the decision-making process.
Disclosure of your information inside and outside of the EEA
Data is shared with third parties, with permission. We will share your personal information with:
Any member of our Group both in the EEA and outside of the EEA.
Selected third parties including:
● Manufacturers for the purpose of introducing clients to them
● Clients for the purpose of arranging visits to showrooms and engagements
● Clients, business partners, suppliers and sub-contractors for the performance and compliance obligations of any contract we enter into with them or you
● Subcontractors including email marketing specialists, event organisers, payment and other financial service providers
We will disclose your personal information to third parties:
● In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
● If Jomari or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
The lawful basis for the third-party processing will include:
● Their own legitimate business interests in processing your personal data, in most cases to fulfil their needs
● Satisfaction of their contractual obligations to us as our data processor
● For the purpose of a contract in place or in contemplation
● To fulfil their legal obligations
Where we store and process your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). It may be transferred to third parties outside of the EEA for the purpose of our fashion agency services. It may also be processed by staff operating outside the EEA who work for us. This includes staff engaged in, among other things, our agency services and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Retention of your data
We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we have a data retention notice and run data routines to remove data that we no longer have a legitimate business interest in maintaining.
We do the following to try to ensure our data is accurate:
• Prior to making an introduction we check that we have accurate information about you
• We keep in touch with you so you can let us know of changes to your personal data
We segregate our data so that we keep different types of data for different time periods. The criteria we use to determine whether we should retain your personal data includes:
● The nature of the personal data
● Its perceived accuracy
● Our legal obligations
● Whether an interview or placement has been arranged, and
● Our fashion expertise and knowledge of the industry by country, sector and job role.
We may archive part or all of your personal data or retain it on our financial systems only, deleting all or part of it from our main Customer Relationship Manager (CRM) system. Data that has not be updated or had reciprocal communication for 2 years is deleted, if we possess an email address for the data the data subject will be informed prior to deletion. We may pseudonymise parts of your data, particularly following a request for suppression or deletion of your data, to ensure that we do not re-enter your personal data on to our database, unless requested to do so.
For your information, Pseudonymised Data is created by taking identifying fields within a database and replacing them with artificial identifiers, or pseudonyms.
Our current retention notice is available upon request.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes and we will collect express consent from you if legally required prior to using your personal data for marketing purposes.
You can exercise your right to accept or prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The GDPR provides you with the following rights. To:
● Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
● Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
● Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
● Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
● Request the transfer of your personal information to another party in certain formats, if practicable.
● Make a complaint to a supervisory body which in the United Kingdom is the Information Commissioner’s Office. The ICO can be contacted through this link: https://ico.org.uk/concerns/
Access to information
The Data Protection Act 1998 and the GDPR give you the right to access information held about you. We also encourage you to contact us to ensure your data is accurate and complete.
Your right of access can be exercised in accordance with the Act (and the GDPR once it is in force).
A subject access request should be submitted to email@example.com.
Changes to our privacy notice
Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.
Questions, comments and requests regarding this privacy notice are welcomed and should be addressed to firstname.lastname@example.org