Privacy Policy

Here at 5pm(we, us), we are committed to protecting the data that we hold and use about you and to respecting your privacy. We are confident that you will find the information that you need set out in this policy, but if you need to know more about the data that we hold or the way that we use it, you can contact us by emailing [email protected].

About this policy
The way that we use your personal data

What personal data do we collect?
How do we collect personal data?
How do we use personal data?
How do we share your personal data?

Security and retention of your personal data
Your rights
Cookie policy
Privacy policy of other websites
Changes to our privacy policy
How to contact us
How to contact the appropriate authority

1. About this policy

This policy (together with our Terms of Use, E-commerce terms and other documents that we may refer to within this policy or within the Terms of Use or E-commerce terms) describes the data that we collect from you or about you, and the way that we use it. Please read the policy carefully as it will help you to understand the way that we use your data and our reasons for doing so.

The "data controller" of your personal data (in other words, the organisation that determines how your data is used) is Wowcher Limited trading as 5pm (company number 04264984) of Wowcher Limited, Dalston Works, 69 Dalston Lane, London, E8 2NG.

2. The way that we use your personal data

A. What personal data do we collect?

This policy gives you information about the way that we use your "personal data". Personal data is any information that could be used to identify you in some way. The personal data that we collect from or about you may include the following:

name;
address;
e-mail address;
phone number;
any location or category preferences you have subscribed to in relation to the products and services we offer;
location information from the device that you use to visit the site or whilst using our App;
financial, credit and debit card information when you make a purchase or call our customer service line;
information about the products and services you purchase from us;
information about your visit to our websites, including information about how and when you came to visit our websites, how you interacted with the websites (products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information such as scrolling, clicks, and mouse-overs), and where you went next (including full URLs and methods used to browse away from the site);
technical information about the way that you use web or mobile services, including the internet protocol (IP) address used to connect your computer to the internet, your login information if you register on our website or via our app, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information;
information collected from our websites and elsewhere across the internet through cookies, web beacons, pixel tags, device identifiers and other technologies including information about your shopping habits and preferences; and
demographic information and other information provided by you.

Although we may offer items or services for purchase which may be relevant to children, we do not intend for any of our sites or services to be used by children, and we do not intend to collect data from children.

Similarly, we do not intend to collect (and we ask you not to disclose) any particularly sensitive data such as data relating to your health, religion or ethnic background.

B. How do we collect personal data?

Directly from you:

You directly provide us with most of the data we collect. We collect data and process data when you:

register on our site as a customer or make an enquiry;
purchase any of our products or services;
participate in our message boards blogs or any other user generated content facilities;
send emails to us;
use or view our website via your browser's cookies;
visit our premises;
collect a Click and Collect order from our premises; and
undergo new business checks as part of our new business/merchant onboarding process.
send the message subscribeto our WhatsApp Marketing Channel. In doing this you are agreeing for us to store and process your name & mobile phone number associated to your WhatsApp account. This information will be shared with our partner Vonage in order to provide WhatsApp marketing communications.

Our website uses cookies to recognise you when you visit and use the site. This helps us to provide you with a good experience when you browse the site (for example, certain cookies help to remember your preferences or items that you have placed in your 'basket' on the site) and also allows us to improve the site. Other cookies help us to tailor online advertising based on your interests and behaviour on our website and across the internet.

Certain information is collected by most browsers or automatically through your device, and we also collect your IP address or other device identifier (this enables us to recognise your computer or device when you use the site) via our server log files.

If you visit one of our premises to collect a Click and Collect order, we will ask you for a form of identification which shows your full name, such as a bank card or driving licence. This is so that we can verify that the parcel you are collecting has been ordered by you.

As a merchant, if you visit one of our premises, or if we visit you at your premises, we may process your personal data. This personal data may include: your name, job title, employer, postal address, e-mail address and phone number (including mobile number). We may also ask to see a form of photo identification to verify your identity.

We conduct checks as part of our onboarding process for new businesses/merchants. If we are onboarding you as a new business/merchant, we will ask you to provide a form of photo identification to verify your identity. Our warehouse inspector will either have a video call with you to match you to your photo or visit your premises in person to verify the match. .

From other sources:

We may also receive your data from 3rd parties:

We may collect data from the merchants who advertise their products or services on our site, for example about your redemption of any voucher that you buy from us or if we provide delivery services to the merchant whereby we post the products to you on behalf of the merchant;
We work closely with third parties providing services to us (including, for example, business partners, sub-contractors providing technical, payment and delivery services related to the goods or services we provide to you, advertising networks, social networking platforms, analytics providers, search information providers) and we may also receive information about you from them;
If you enter sweepstakes, special offers or contests sponsored by us or one of our business partners including email addresses from publishers who work through the following agencies - We Breathe Media, eGentic and Lead365. These publishers include but are not limited to the following:

Aldanti International Network
All Groove
Affiliads
Dalma Media
Massive Ads Digital Limited (Datastars)
Submission Technology Limited
My Offers / PDV
Marketing Punch / Offerx
Luna Park Media

In some circumstances related to a particular transaction, we may obtain data from public databases or credit reference agencies; and
We may combine information that we collect about you from other sources with the information that you give to us directly. We may use this combined information as described in this policy;

C. How do we use personal data, and what is our justification for doing so?

We use your personal data for a variety of purposes related to the products and services that we provide.

We collect your data for the reasons listed below The provision of products and services offered to you:
to provide you with the information, products and services (including vouchers) that you request or purchase from us (i.e. to complete certain tasks, processes or orders on our website or within our apps, take payment online (where applicable) and deliver your products or services), and to communicate with you regarding those products and services (including vouchers) that you purchase from us and respond to your questions and comments; and to measure customer satisfaction and provide customer service (including liaising with merchants to troubleshoot in connection with your purchases or your requests for services).	We use your data in this way either because we have a contract with you (for example, if you purchase a voucher from our site, a contract to provide that voucher to you) or because it is in our legitimate interests to do so (for example, it is in our interests to measure customer satisfaction and 'troubleshoot' customer issues) but we will always ensure that your rights are protected.
For advertising and marketing purposes, including to measure how effective our marketing is:
to contact you with daily or weekly emails to let you know about products and services we offer (and that the merchants who advertise on our sites offer) that we think you might be interested in based on your subscribed location and other preferences on your account, we may also combine this with information we collect from other sources to ensure we are only telling you about products and services which would interest you; to measure the effectiveness of our marketing campaigns and our advertising (i.e. so that we can tell what interests our customers and what doesn't); for information on how we use cookies, please see our cookie policy;	We rely on your consent to contact you directly about the products and services on offer on our site (for example, we will send you Daily Deals emails based on your consent). In other scenarios, we will rely on our legitimate interests as a business, always ensuring that your rights are protected. If you have agreed to receive marketing, you may always opt out at a later date. You have the right to stop us from contacting you for marketing purposes or giving your data to other members of our group. If you no longer wish to be contacted for marketing purpose, then please visit our email preference centre, a link to our email preference centre is included in the footer of every email that we send you.
For administrative and internal business purposes:
to ensure that content on our site is presented in the most effective and relevant manner for you and for your device and to tailor the site's experience and content based on the way that you use the site; to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; for our internal business purposes, such as analysing and managing our businesses, audits, developing new products or services, enhancing our site, improving our services and products and identifying usage trends. For these purposes, your personal data will be aggregated and looked at on a statistical basis;	It is in our legitimate interests as a business to use your data in this way. For example, we have a clear interest in ensuring that our site works properly and that our products and services are high quality and efficient. We will always ensure that your rights are protected.
For security and legal and compliance purposes:
as part of our efforts to keep our site safe and secure; to detect or prevent fraud or other illegal activity; as we believe to be necessary or appropriate in each case in order to comply with laws or legal process (including laws or legal process in other countries); to protect our rights or property (or the rights or property of others) and to enforce our rights and pursue available remedies;	In some cases, we will need to use your personal data to fulfil a legal obligation (for example, if we receive a legitimate request from law enforcement agencies), and in other cases (such as the detection of fraud or ensuring the security of the site, for example by verifying the identification of merchants before permitting access to our premises) we will rely on our legitimate interests as a business to use your data in this way.
International transfer of your data:
some of the processes involved in our use of your personal data may require your data to be stored or processed in countries outside of Europe.	Whenever we send (or permit a third party to send) your personal data outside of Europe, we will make sure that we take steps necessary to protect your data as required by applicable laws. For example, we may implement specific contract terms or we may rely on service providers who adhere to certain compliance programmes overseas, or we may select service providers based in countries with strong local laws to protect your personal data.

D. How do we share your personal data?

We will never sell your personal data to third parties. Your personal data is only shared with trusted third parties for a specific reason, such as to facilitate payments, to enable the sending of emails to customers and suppliers, or to manage our sales process or the provision of customer services to you. The various ways in which we will share your data are set out below:

Sharing data within our group:

We are part of a group of companies that share various operations and business processes. We may share your personal data with any member of our group in order to fulfil our contractual obligations to you, or because it is in our legitimate interests to do so (for example, our legal function is provided by another group company which means that your personal data may be shared with our lawyers who are based in another group company).

We may also disclose personal data to other companies in our group (which includes LivingSocial Europe Limited) and may use and share with those companies any information we learn from your interactions with us and from other companies in our group. Subject to acquiring your consent, you may be contacted by other companies in our corporate group by email, telephone, SMS and/or post with information and offers within the group.

Sharing with merchants of the products and services we offer:

We host offers on behalf of third party merchants on our website and, as such, we will share some information about you with the merchant when you purchase a voucher from us to be redeemed against the product or service offered by them. In almost all cases, this is because such sharing is necessary in connection with our performance of our contract with you, and in some other cases it may be in our legitimate interests to do this since this enables us and the merchants to provide you with competitive offers for a range of products and services and to prevent fraud. This also helps improve the services we and the merchants offer to you.

When you redeem a voucher with a third party merchant, you will be entering into a separate contract with that third party merchant and, in these cases, your personal data will be collected by the third party merchant and not by us. You should also read the third party merchant's privacy policy to make sure that you understand how they may use your data. In some instances the third party merchant may share some of your personal data with us for example to evidence that your order has been placed or if they ask us to provide redemption or delivery services for them. To ensure you get the best serice, if a third party merchant informs us that they are no longer able to fulfil your order after you have redeemed your voucher, we might share your information with an alternate trusted merchant who is able to provide you with the same or similar goods or services.

Sharing with organisations providing services to us:

We engage various third parties to provide services to us for specific functions, and this will often mean that we need to share your personal data with them (it is in our legitimate interests to do so, since we may not have the capabilities to provide these services ourselves). In each case, we will ensure that these third parties are only allowed to use your personal data in order to provide the relevant services to us. We will always make sure that we use organisations that we trust to look after your personal data appropriately and as required by applicable laws.

Some examples of these third parties will include: credit card processing services, order fulfilment, analytics, website management, information technology and related infrastructure provision, customer service, WhatsApp messaging supplier, auditing, and other similar services.

In some cases, we may use a third party payment service such as PayPal to process purchases made through the site. In these cases, your personal data will be collected by the payment provider on our behalf, and not by us. You should also read the payment provider's privacy policy to make sure that you understand how they may use your data.

Sharing data with online advertising related service providers:

We may from time to time work with online advertisers, social media platforms and advertising networks to deliver, tailor and measure advertising to you and others both on the site and elsewhere on the internet (including on social media platforms such as Facebook, Snapchat, Tiktok, Pinterest and Twitter). We also use various tools and products which involve the sharing of data with Google (https://policies.google.com/privacy?hl=en-GB), Vonage (https://www.vonage.com/legal/privacy-policy/) Facebook (https://www.facebook.com/policy.php), Snapchat (https://www.snap.com/en-GB/privacy/privacy-policy), Appsflyer (https://www.appsflyer.com/legal/services-privacy-policy/), Acxiom (https://www.acxiom.co.uk/about-acxiom/privacy/uk-privacy-policy/), Lotame (https://www.lotame.com/privacy-and-data-protection/), OnAudience (https://www.onaudience.com/privacy-policy/), Criteo (https://www.criteo.com/privacy/), Pinterest (https://policy.pinterest.com/ms/privacy-policy-2016), TikTok (https://www.tiktok.com/legal/page/eea/privacy-policy/en) to deliver, measure and tailor our online advertising.

The personal data that we allow to be shared with these third parties includes online identifiers such as IP address, data from cookies or similar technologies, or other device related information.

Similarly, we may share certain online identifiers with analytics and search engine providers that assist us in the improvement and optimisation of our site.

You can choose not to allow your data to be used to deliver targeted advertising by changing your settings within social media platforms, or as described in the third party privacy policies set out above.

Sharing data in connection with changes to our group structure or the ownership of our business:

If we sell or propose to sell our business or part of it, we may need to disclose your personal data to prospective buyers.

Similarly, if there are changes to our group structure or if our ownership changes, we may need to disclose your personal data to the new owners or operators of this site or any of our apps as part of that process.

Sharing data to comply with laws:

There may be scenarios where we are subject to a legal obligation to disclose or share your personal data, such as with law enforcement agencies or public authorities in order to prevent or detect crime.

3. Security and retention of your personal data

Security of your personal data:

We take the security of your data very seriously and have put physical, technical and administrative strategies, controls and measures in place to help protect your personal data from unauthorised access, use of disclosure as required by law and in accordance with accepted good industry practice.

To help us keep your data safe please choose a strong, secure password and keep your password confidential and avoid sharing it with anyone.

Retention of your personal data:

We keep your personal information for as long as is necessary for the relevant purposes described in this privacy policy, as may be required by law such as for tax and accounting purposes, or as otherwise communicated to you. This means that the retention periods will vary according to the type of the data and the reason that we have the data in the first place.

4. Your rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

to ask us not to use your personal data for direct marketing purposes;
The right to access − you have the right to ask to see what personal data we hold about you and to find out about the way that we process the data (and in some circumstances, you can ask us to provide a copy to a third party). We may charge you a small fee for this service;
The right to rectification − You have the right to ask us to correct or update any personal data which is inaccurate. You also have the right to request that we complete information you believe is incomplete;
The right to erasure − you have the right to ask for personal data to be deleted in some (but not all) circumstances where there is no good reason for us to continue to process it;
The right to restrict and object to processing − you have the right to ask us to temporarily stop using your data if you don't believe that we have a right to use it, or to stop us from using your personal data where there is no good reason for us to continue to use it and not to be subject to decisions made solely on the basis of 'automated processing' (i.e. the right not to be subject to decisions made solely by algorithms or computers without input from a human) in certain circumstances; and
The right to data portability - You have the right to request that we transfer the data we have collected to another organisation, or directly to you, under certain conditions.

5. Cookie Policy

What are cookies?

In addition to personal information you provide, we may also collect information about you automatically when you visit the Site or access content in our electronic communications with you.

The collection of information may involve the use of cookies and web beacons. A web beacon is a small graphic image placed on a web page that is designed to allow us to monitor traffic on the Site or within electronic communications. A cookie is a small text file that is placed on your computer's hard drive by your browser. Cookies allow us to identify your computer and find out details about your visit and browsing habits so that we can offer you a more personalised experience and manage, monitor and improve services.

Most internet browsers accept cookies automatically, but usually you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. If you choose not to receive our cookies, you may not be able to use some of the core features of the Site.

The information collected by cookies and web beacons is not tied to your contact details (such as your name or email address), it only includes general information about your computer settings, your connection to the internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Site and geographical location.

You can learn more about cookies and how to reject cookies using different types of browser by visiting http://www.allaboutcookies.org.

Separate tools are also available for managing local shared objects or 'Flash cookies' from the Adobe website. These cookies may be used to manage the effective delivery of services using video or other flash related content.

While you do not need to allow your browser to accept cookies in order to browse much of our web site or to access many of our services, you must have cookies enabled if you wish to undertake certain services on our website or access any areas reserved for registered users.

How do we use cookies

Cookies help us provide you with a better website experience, 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.

We use cookies in a range of ways to improve your experience on our website including:

to enable us to simplify the signing in process for registered users;
to help ensure the security and authenticity of registered users; and
to provide the mechanisms for online services and to enable traffic monitoring. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs.

What type of cookies do we use?

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way the website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of location).
Targeting and advertising cookies from us and 3rd paries.

These cookies record your visit to our website, the pages you have visited and the links you have followed and information about your browser, device and your IP address. We will use this information to make our website more relevant to your interests. We may also share this information with third parties to make advertising more relevant to you. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website. Display advertising on the Site is provided by our advertising partners. Our advertising partners will serve advertisements that they believe are most likely to be of interest to you, based on information about your visit to the Site and other websites (this information does not include your name, street address, email address or telephone number).
One of the third party cookies on our site is provided by Criteo. The purpose of Criteo's service is to find visitors who also visit the websites of other companies on the Criteo network and serve these visitors personalized ads or where we or the other company has consent from the visitor, send personalized emails. Criteo uses cookies to single out visitors and then personalize ads based on their browsing experience. To learn more or opt out of Criteo click here.
For more information about this type of online behavioural advertising please visit www.youronlinechoices.com/uk/.

How to manage cookies

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Visit http://optout.networkadvertising.org/#!/ to find out more.

6. Privacy policies of other websites

Our website contains links to other websites. This privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

7. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this site. We may also email you with any changes if we have your email address. Please check back frequently to see any updates or changes to our privacy policy.

8. How to contact us

If you would like to unsubscribe from all 5pm emails; close your account; or exercise any of the rights listed above, or if you have any queries or concerns about the way that we use your personal data (or any questions about this privacy policy), you can contact us by emailing [email protected]. Alternatively, if you wish to manage your subscription (including the frequency of our updates) please visit our email preference centre, a link to our email preference centre is included in the footer of every email that we send to you.

9. How to contact the appropriate authority

You also have the right to complain about our use of your personal data. You can contact the Information Commissioner's Office via their website: https://ico.org.uk/concerns/ or by calling 0303 123 1113.