Privacy Policy

PLEASE READ THE TERMS OF THIS POliCY CAREFULLY BEFORE USING THE SITE

What's in these terms?

This terms of use and acceptable use policy sets out the terms that apply when you upload content to our website, contact other users on our site, or interact with our website in any other way,

Who we are and how to contact us

The www.hootersnottingham.co.uk website (Hooters Site) operated by West End Wings limited, trading as Hooters, a limited company registered in England under company number 03814994, whose registered address is 5 Giffard Court, Millbrook Close, Northampton, NN5 5JF (Hooters).

To contact us, please email us at [email protected] or telephone on 0115 958 8111.

Acceptance of these terms

By using the Hooters Site, you confirm that you accept the terms of this policy and that you agree to comply with it. If you do not agree to this policy, you must not use the Hooters Site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

There are other additional terms which also apply to your use of the Hooters Site:

Our Privacy, Data Protection and Cookies Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Hooters Site, you consent to such processing and your warrant that all data provided by you is accurate;

If you are a business user (Business User) you will subsequently enter into a contract for services with us, our terms and conditions of business will apply. We will advise you of these separately as part of the client on boarding process.

We may make changes to this policy

We amend these terms from time to time. Every time you wish to use the Hooters Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 25 June 2018.

We may suspend or withdraw our site

We do not guarantee that the Hooters Site, or any content on it, will always be available, uninterrupted or fault free. We may suspend or withdraw or restrict the availability of all or any part of the Hooters Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Hooters Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at: [email protected]

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in the Hooters Site, including but not limited to the trading styles, logos and names displayed, and the material/ content published on it, source code and software.

You may print off one copy, and may download extracts, of any page(s) from the Hooters Site for your personal use and you may draw the attention of others within your business (if you are a business user) to content posted on the Hooters Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Hooters Site must always be acknowledged.

You must not use any part of the content on the Hooters Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information on the Hooters Site

The content on the Hooters Site is provided for information only. It does not constitute advice. Our advice should be sought before taking any action on the basis of any information provided on the Hooters Site.

To the fullest extent permitted by law, we make no representation, warranty or guarantee that the Hooters Site will meet your requirements, that it will not infringe the rights of third parties or that it will be compatible with all software and hardware, or that it will be secure.

Although we make reasonable efforts to update the information on the Hooters Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Hooters Site is complete, accurate or up to date.

We are not responsible for websites we link to

Where the Hooters Site has links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services which we may supply to you which will be set out in our contract.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to the Hooters Site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Hooters Site;

use of or reliance on any content displayed on the Hooters Site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

Please note: different exclusions and limitations may apply if you enter into a contract for services.

If you are a consumer user:

Please note that we only provide the Hooters Site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you submit Personal Data in the course of enquiring about and undertaking performance coaching, you do so in accordance with our Data Protection, Privacy and Cookies Policy and other such policies as advised by us.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Uploading data to the Hooters Site

Whenever you make use of a feature that allows you to submit an enquiry and upload data to the Hooters Site, we will comply with our Data Protection, Privacy and Cookies Policy.

We have the right to remove any posting you make on the Hooters Site, if, in our opinion, your post does not comply with the content standards set out below under “Acceptable Use.”

Viruses, Malware and Security

We will exercise all reasonable skill and care to ensure that the Hooters Site is secure and free from viruses and other malware.

You are responsible for protecting and configuring your information technology, computer programmes and platform to access the Hooters Site. You should use your own virus protection and security software.

You must not misuse the Hooters Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Hooters Site, the server on which the Hooters Site is stored, or any server, computer or database connected to the Hooters Site. You must not attack the Hooters Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Hooters Site will cease immediately.

Rules about linking to the Hooters Site

You must not establish a link to the Hooters Site without our express written consent.

Acceptable Use

You may only use the Hooters Site in a manner which is lawful and complies with this section. Specifically:

You must comply fully with all applicable local, national or international laws and/or regulations;

You must not use the Hooters Site in any way or for any purpose that is unlawful or fraudulent;

You must not use the Hooters Site to knowingly send or transmit data that contains any form of virus or other malware, or any other code designed to adversely affect the computer hardware, software or data of any kind;

You must not use the Hooters Site in any way or for any purpose, that is intended to harm any person or persons in any way.

When submitting data to us you must not submit communicate or otherwise do anything that:

Is sexually explicit;

Is obscene, deliberately offensive, hateful or otherwise inflammatory;

Promotes violence;

Promotes or assists any unlawful activity;

Discriminates against or in any way defamatory of, any person group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

Is intended or otherwise likely to infringe another person’s rights to privacy;

Misleadingly impersonates any person or otherwise misrepresents your identity;

Infringes our intellectual property rights;

Otherwise breaches any legal duty.

You also agree not to reproduce, duplicate, copy or re-sell any part of the Hooters Site.

Which country's laws apply to any disputes?

The terms of this policy, its subject matter and its formation are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, regardless of where you use or access the Hooters Site.

GDPR Policy

West End Wings limited trading as Hooters Data Protection Policy

25 June 2018

Introduction

This Policy sets out the obligations of West End Wings limited, (“the Company”) and the procedures to be adhered to relating to data protection, privacy and the rights of its customers, business contacts and third-party suppliers (“data subjects”) in respect of their personal data under the General Data Protection Regulation (“the Regulation”).

The procedures in this document, together with any lawful instructions of the board, must be followed at all times by the Company, its employees, agents, contractors or other parties working on behalf of the Company.

The Regulation defines “personal data” as any information relating to an identified or identifiable natural person (a data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

The Data Protection Principles

This Policy aims to ensure compliance with the Regulation. The Regulation sets out the following principles with which any party handling personal data must comply. All personal data must be:

processed lawfully, fairly, and in a transparent manner in relation to the data subject;

collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed;

accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, is erased or rectified without delay;

kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the Regulation in order to safeguard the rights and freedoms of the data subject;

processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Lawful, Fair, and Transparent Data Processing

The Regulation seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The Regulation states that processing of personal data shall be lawful if at least one of the following applies:

the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;

processing is necessary for compliance with a legal obligation to which the controller is subject;

processing is necessary to protect the vital interests of the data subject or of another natural person;

processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Processed for Specified, Explicit and Legitimate Purposes

The Company collects and processes the personal data set out in Part 21 of this Policy. This may include personal data received directly from data subjects (for example, contact details used when a data subject communicates with us) and data received from third parties (for example, names, addresses and telephone numbers of customers and suppliers).

The Company only processes personal data for the specific purposes set out in Part 21 of this Policy (or for other purposes expressly permitted by the Regulation). The purposes for which we process personal data will be informed to data subjects at the time that their personal data is collected, where it is collected directly from them, or as soon as possible (not more than one calendar month) after collection where it is obtained from a third party.

Adequate, Relevant and limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the specific purpose(s) informed to data subjects as under Part 4, above.

Accuracy of Data and Keeping Data Up To Date

The Company shall ensure that all personal data collected and processed is kept accurate and up-to-date. The accuracy of data shall be checked when it is collected and at regular intervals thereafter. Where any inaccurate or out-of-date data is found, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

Timely Processing

The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed. When the data is no longer required, all reasonable steps will be taken to erase it without delay.

The Company collects personal data to deal with enquiries, perform contracts with third parties, comply with HMRC, insurance requirements and other regulatory requirements, employment legislation and for marketing purposes.

Secure Processing

The Company shall ensure that all personal data collected and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Further details of the data protection and organisational measures which shall be taken are provided in Parts 22 and 23 of this Policy.

Accountability

The Company’s data protection officer is Julian Mills.

The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:

The name and details of the Company, its data protection officer, and any applicable third party data controllers;

The purposes for which the Company processes personal data;

Details of the categories of personal data collected, held, and processed by the Company; and the categories of data subject to which that personal data relates;

Details (and categories) of any third parties that will receive personal data from the Company;

Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;

Details of how long personal data will be retained by the Company (which will vary depending upon the type and category of data); and

Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.

Privacy Impact Assessments

The Company shall carry out Privacy Impact Assessments when and as required under the Regulation. Privacy Impact Assessments shall be overseen by the Company’s Data Protection Officer and shall address the following areas of importance:

The purpose(s) for which personal data is being processed and the processing operations to be carried out on that data;
Details of the legitimate interests being pursued by the Company;
An assessment of the necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
An assessment of the risks posed to individual data subjects; and
Details of the measures in place to minimise and handle risks including safeguards, data security, and other measures and mechanisms to ensure the protection of personal data, sufficient to demonstrate compliance with the Regulation.

The Rights of Data Subjects

The Regulation sets out the following rights applicable to data subjects:

The right to be informed;

The right of access;

The right to rectification;

The right to erasure (also known as the ‘right to be forgotten’);

The right to restrict processing;

The right to data portability;

The right to object;

Rights with respect to automated decision-making and profiling.

Keeping Data Subjects Informed

The Company shall ensure that the following information is provided to every data subject when personal data is collected:

Details of the Company including, but not limited to, the identity of its Data Protection Officer;

The purpose(s) for which the personal data is being collected and will be processed (as detailed in Part 21 of this Policy) and the legal basis justifying that collection and processing;

Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;

Where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;

Where the personal data is to be transferred to one or more third parties, details of those parties;

Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 24 of this Policy for further details concerning such third country data transfers);

Details of the length of time the personal data will be held by the Company (or, where there is no predetermined period, details of how that length of time will be determined);

Details of the data subject’s rights under the Regulation;

Details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;

Details of the data subject’s right to complain to the Information Commissioner’s Office (the ‘supervisory authority’ under the Regulation);

Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it;

Details of any automated decision-making that will take place using the personal data (including but not limited to profiling), including information on how decisions will be made, the significance of those decisions and any consequences.

The information set out above in Part 12.1 shall be provided to the data subject at the following applicable time:

Where the personal data is obtained from the data subject directly, at the time of collection;

Where the personal data is not obtained from the data subject directly (i.e. from another party):

If the personal data is used to communicate with the data subject, at the time of the first communication; or

If the personal data is to be disclosed to another party, before the personal data is disclosed; or

In any event, not more than one month after the time at which the Company obtains the personal data.

Data Subject Access

A data subject may make a subject access request (“SAR”) at any time to find out more about the personal data which the Company holds about them. The Company is normally required to respond to SARs within one month of receipt (this can be extended by up to two months in the case of complex and/or numerous requests, and in such cases the data subject shall be informed of the need for the extension).

All subject access requests received must be forwarded to Julian Mills, the Company’s data protection officer. His contact details are: . If the Data Protection Officer receives a request under the GPR it will log it on its GDPR Data Subject Access Request register. It will acknowledge the request by emailing the Data Subject back within 48 hours.

The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

Rectification of Personal Data

If a data subject informs the Company that personal data held by the Company is inaccurate or incomplete, requesting that it be rectified, the personal data in question shall be rectified, and the data subject informed of that rectification, within one month of receipt the data subject’s notice (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification of that personal data.

Erasure of Personal Data

Data subjects may request that the Company erases the personal data it holds about them in the following circumstances:

It is no longer necessary for the Company to hold that personal data with respect to the purpose for which it was originally collected or processed;

The data subject wishes to withdraw their consent to the Company holding and processing their personal data;

The data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning data subjects’ rights to object);

The personal data has been processed unlawfully;

The personal data needs to be erased in order for the Company to comply with a particular legal obligation.

Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request (this can be extended by up to two months in the case of complex requests, and in such cases the data subject shall be informed of the need for the extension).

In the event that any personal data that is to be erased in response to a data subject request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

Restriction of Personal Data Processing

Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data pertaining to that data subject that is necessary to ensure that no further processing of their personal data takes place.

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

Data Portability

The Company processes personal data using automated means for distributing marketing information (via Mailchimp) and uses Quandoo for facilitating online table reservations. It also uses automated means to make payments to suppliers and receiving receipt from customers in the normal course of its business.

Where data subjects have given their consent to the Company to process their personal data in such a manner or the processing is otherwise required for the performance of a contract between the Company and the data subject, data subjects have the legal right under the Regulation to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers, e.g. other organisations).

To facilitate the right of data portability, the Company shall make available all applicable personal data to data subjects in the following formats: Excel, Word or attachments to emails.

Where technically feasible, if requested by a data subject, personal data shall be sent directly to another data controller.

All requests for copies of personal data shall be complied with within one month of the data subject’s request (this may be extended by up to two months in the case of complex requests in the case of complex or numerous requests, and in such cases the data subject shall be informed of the need for the extension).

Objections to Personal Data Processing

Data subjects have the right to object to the Company processing their personal data based on legitimate interests (including profiling), direct marketing (including profiling).

Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing forthwith, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights and freedoms; or the processing is necessary for the conduct of legal claims.

Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing forthwith.

Automated Decision-Making

In the event that the Company uses personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on data subjects, data subjects have the right to challenge to such decisions under the Regulation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from the Company.

The right described in Part 19.1 does not apply in the following circumstances:

The decision is necessary for the entry into, or performance of, a contract between the Company and the data subject;

The decision is authorised by law; or

The data subject has given their explicit consent.

Profiling

Where the Company uses personal data for profiling purposes, the following shall apply:

Clear information explaining the profiling will be provided, including its significance and the likely consequences;

Appropriate mathematical or statistical procedures will be used;

Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and

All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling (see Parts 22 and 23 of this Policy for more details on data security).

Personal Data

The following personal data may be collected, held, and processed by the Company:

Name, address, telephone number, email, bank details including account number, sort code, iban and bank addresses, call recordings, CCTV recordings;

Names, addresses, dates of birth, national insurance numbers, tax codes, payroll deduction instructions, bank sort code, bank account numbers, bank addresses, contracts of employments, passports and driving licences, next of kin details and medical records of employees and vehicle tracking data;

Cookie data to enable the Company’s website to work and to track customer behaviour;

Tracking data for emails to provide services.

Data Protection Measures

The Company shall ensure that all its employees, agents, contractors, or other parties working on its behalf comply with or be made aware of the following when working with personal data:

The Company’s web developer is [Mark Lunn]. Its website is hosted by Mark Lunn on [GoDaddy] servers in USA data centres.

Its other data is stored on premises with firewalls, anti-virus software and SPAM filters. Its PC’s and other electronic devices are password protected.

The Company uses Office365 for its email. Such emails are subject to the security measures put in place by Windows from time to time.

The Company will process and store data to deal with enquiries via its website or by telephone and for the performance of its contracts. Once the contract has been completed, the Company will only process and store for marketing purposes (subject to the consent of the Data Subject) or where the Company is obliged to retain personal data to fulfil a regulatory, statutory obligation, to comply with its insurers requirements, or where it is in the Company’s legitimate interests to do so. Where any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of. Hardcopies should be shredded, and electronic copies should be deleted securely using the delete facility of the programme on which the data is retained;

Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;

Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;

Personal data contained in the body of an email will be stored appropriately or deleted once the purpose has been fulfilled. All temporary files associated therewith should also be deleted;

Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient;

No personal data may be shared informally and if an employee, agent, sub-contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from Julian Mills;

All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet or similar. Rooms where Personal Data are stored should be fitted with a combination lock or electronic card access where feasible;

No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of the Data Protection Officer;

Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors or other parties at any time;

If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;

No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets and smartphones), whether such device belongs to the Company or otherwise without the formal written approval of the Data Protection Officer, and in the event of such approval, strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is necessary;

No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the Regulation (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);

All data stored electronically by the Company is backed up by way of […].

All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols;

Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;

Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of the Data Protection Officer to ensure that the data subjects have given their consent.

Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:

All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the Regulation and under this Policy, and shall be provided with a copy of this Policy;

Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;

All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;

All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;

Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed;

The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;

All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Regulation and this Policy by contract;

All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Regulation;

Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

Transferring Personal Data to a Country Outside the EEA

The Company does not currently transfer data outside the EEA but it may from time do so. “Transfer” in this context includes making available remotely personal data to countries outside of the EEA.

The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:

The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;

The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;

The transfer is made with the informed consent of the relevant data subject(s);

The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);

The transfer is necessary for important public interest reasons;

The transfer is necessary for the conduct of legal claims;

The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

Data breach Notification

All personal data breaches must be reported immediately to the Company’s Data Protection Officer.

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the data protection officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 25.2) to the rights and freedoms of data subjects, the data protection officer must ensure that all affected data subjects are informed of the breach directly and without undue delay.

Data breach notifications shall include the following information:

The categories and approximate number of data subjects concerned;

The categories and approximate number of personal data records concerned;

The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);

The likely consequences of the breach;

Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

Implementation of Policy

This Policy shall be deemed effective as of 25 June 2018. No part of this Policy shall have retrospective effect and shall thus apply only to matters occurring on or after this date.

Privacy, Data Protection and Cookies Policy

Overview

West End Wings Limited, trading as Hooters (Hooters) iscommitted to protecting and respecting your privacy. Thispolicy together with our Terms of Use and any other documents referred to on it, set out the basis on which any Personal Data (as defined below) we collect from you or which you provide to us will be processed by us as a result of using or interacting with our website as set out below. We aim at all times to process and collect your data lawfully, transparently, fairly and without adversely affecting your rights as a Data Subject (as defined below). Please read the following carefully to understand our practices and procedures. The website we operate is:http://www.hootersnottingham.co.uk/, its related domains and sub domains (Hooters Site) which is managed by Mark Lunn of AmericaUK.com in USA data centres.

Please note:

By giving your consent, you are accepting and consenting to the practices described in this policy. If you do not give your consent, please navigate away from the Hooters Site.

You may withdraw your consent at any time. An explanation of your rights is set out below.

For the purpose of the Data Protection Legislation (as defined below), the data controller is West End Wings Limited, a limited liability company with company number 03814994, whose registered office is at 5 Giffard Court, Millbrook Close, Northampton, NN5 5JF.

Our nominated representative, as Data Protection Officer for the purpose of the Data Protection Legislation is [JulianMills].

If you are not satisfied with any action taken by us or response given, you have the right to complain to Information Commissioner at www.ico.gov.uk, or help line telephone number: 0303 1231113.

Definitions

In this policy the following terms shall have the following meanings:

Cookie: a small file placed on your computer or device by the Hooters Site when you visit certain parts of the Hooters Site and/or when you use certain features of the Hooters Site.

Cookie Law: means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Data Protection Legislation:

(a)unless and until the General Data Protection Regulation ((EU) 2016/679) (GDPR) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and then

(b)any successor legislation to the GDPR or the Data Protection Act 1998.

Data Subject: a natural identifiable person.

Personal Data: has the meaning set out in the Data Protection Legislation, being as at the data of this policy, any data which identifies a natural person (by way of example, name, address, phone number and so on).

What this policy also covers

This policy also explains:

● What personally identifiable information of yours is collected:

- on the Hooters Site, when you interact with it;

- when you download from the Hooters Site;

- when you interact with Hooters' advertising and applications on third party websites and services.

● What organisation is collecting the information;

● How the information is used;

● With whom the information may be shared;

● What choices are available to you regarding collection, use and distribution of the information;

● What kind of security procedures are in place to protect the loss, misuse or alteration of information under Hooters' control;

● How you can correct any inaccuracies in the information; and

● How you can request the information we process and store to be removed.

There are other terms that may apply to you

In addition to this policy, please refer to our Terms of Use.

We may make changes to these terms and our website

We may update and change these terms and our website from time to time for a variety of reasons. By way of examples: to reflect changes to the services we offer, user's needs, regulatory or legal requirements. Every time you wish to use the Hooters Site, please check these terms to ensure you understand the terms that apply at that time. These terms were updated on 25 June 2018.

Children under the age of 18

Persons under the age of 18 are not eligible to use our services and we ask that minors do not submit any personal information to us. We will not knowingly accept any data from a person who is under the age of 18 years.

Information We Collect from you

We will collect and process the following information:

• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

• information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call us.

• If you: (a) complete one of our enquiry forms on the Hooters Site; (b) enter into a contract with us for our services; (c) report a problem with the Hooters Site; or (d) otherwise correspond with us, we may collect your name, address (including e-mail address), other contact details, phone numbers, identification and bank details.

Use of your information

We will use the data collected about you in the following ways:

• to provide services to you, including but not limited to booking tables and dining at our restaurant;

• improve the efficiency of the Hooters Site;

• to develop services;

• to notify you of changes to our services;

• to understand our customer requirements and preferences, perform analysis and comparisons;

• to administer and update our website to ensure it runs smoothly on your hardware;

• to perform market research or analysis on customer preferences or trends and

• to deal with your enquiry with a view to entering into a contract with you;

• to note your details as an attendee at a funeral.

Please also see below under "Cookies".

Where we store your personal data

• Although the data we collect from you is stored in the European Economic Area ("EEA"). Data transferred to third parties to perform our contract you may be transferred to third parties outside the EEA, e.g. data passed to our online booking and delivery provider and information sent and received on email. By submitting 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 policy.

• As referred to above, all information you provide to us is stored on our servers. We use SSL (Secure Sockets Layer) technology to encrypt the data on the Hooters Site. The parties with whom we share your data to perform our contract with you may have different arrangements in place.

• When you submit your Personal Data to the Hooters Site it is stored on the site for a maximum period of 24 months, after which time it will be removed but may be stored on our servers if you subsequently enter into a contract with us.

• We take all reasonable technical, organisation and security steps to ensure that the information you supply to us over the internet is secure.

Your rights

As a Data Subject under the Data Protection Legislation you have the following rights:

• You have the right to ask us not to process your personal data for marketing purposes. If you submit an enquiry form on the Hooters Site, you give your consent to Hooters contacting you for marketing purposes. We will not share your information with third party marketing agencies without your consent. You can exercise your right to 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: [details to be inserted].

• The Hooters Site may, from time to time, contain links to and from other websites. 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.

• You have the right to ask us to supply to you the information we hold, this is known as a data subject access request. For further details please contact us on:[details to be inserted].

• You have the right to ask us to rectify the data we hold in the event that it contains inaccuracies or is incomplete.To discuss this please contact us on: [details to be inserted].

• You have the right to ask us to erase the Personal Data we hold if: (i) it is no longer necessary for us to hold the data; (ii) you wish to withdraw your consent to us holding the data; (iii) you object to us holding or processing the data; (iv) you believe that we have processed the data unlawfully; or (v) the data needs to be erased for us to comply with a particular legal obligation. To make a request please contact us on: [details to be inserted].

Disclosure of your information

You agree that we have the right to share your Personal Data with:

• Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

• Selected third parties including:

• business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

• analytics and search engine providers that assist us in the improvement and optimisation of the Hooters Site.

• To a prospective buyer or seller if we sell or buy any business or assets.

• If any of the shares in Hooters are sold 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.

• If we are under a duty to disclose or share your personal data to comply with any legal obligation, or to enforce or apply our terms of business or terms of use, and other agreements; or to protect the rights, property, or safety of Hooters, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

All Cookies used by Hooters on the Hooters Site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:

• Strictly Necessary Cookies - a Cookie falls into this category if it is essential to the operation of the Hooters Site, supporting functions such as logging in.

• Analytics and Flash Cookies - it is important for Hooters tounderstand how you use the Hooters Site. For example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping Hooters to improve the Hooters Site and your experience of it.

• Functionality Cookies - enable us to provide additional functions to you on the Hooters Site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

• Persistent Cookies - any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit the Hooters Site.

• Session Cookies - any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit the Hooters Site until you close your browser. Session Cookies aren't deleted when you close your browser, to delete these cookies you will need to clear your browser history.

• Web beacons - certain pages on the Hooters Site and e-mails may contain small electronic files known as web beacons. Web beacons permit Hooters to monitor the volume of users of the Hooters Site and the popularity of certain pages.

Before Cookies are placed on your computer or device you will be shown a cookie compliance statement, requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide you with the best possible experiences and services to you. You may wish to deny consent to the placing of the Cookies at which point we request you cease using the website.

In addition to the controls that Hooters provide, you can choose to enable or disable Cookiesand the web beacons referred to above in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please access the help menu in your internet browser.

Email Tracking

Some emails that we send have tracking on so that we can tell how much traffic those emails send to the Hooters Site.

Suppliers and Other Service Providers

From time to time we use third party suppliers and service providers to facilitate our services. For example, we use Quandoo to handle our online and offline reservations for us. Quandoo is a restaurant technology platform. Which provides the ability to for us to accept, create and manage reservations. Collection of Personal Data (including the use of cookies), is subject to Quandoo's privacy policy.

In addition, where any other service provider collects information directly from you (for example, if we ask a service provider to conduct a survey for us) you will be notified of the involvement of the supplier or service provider, and all information disclosures you make will be strictly optional.