Privacy Policy

Last Updated: 21st July 2021 

1. The Shake Lab Privacy Policy

Summary: When you interact with The Shake Lab, you trust us with your information and expect us to protect and use it appropriately. We take privacy seriously and are committed to keeping that trust. That starts with helping you understand our privacy practices. This policy describes the information we collect, how it is used and shared, and your choices regarding this information.

Throughout this site, the terms "we", "us", "our" refer to The Shake Lab™ and any of its affiliated companies as appropriate to the context TD4 Milkshakes Limited™ and The Shake Lab™. “You” refers to any person accessing and/or using this website. We are committed to protecting your privacy in accordance with the UK Data Protection Act 1998. This Privacy Policy sets out the way we handle Personal Information and includes information on how we collect, use, disclose, keep secure and provide you with access to your Personal Information, whether provided to us via our stores, head office, this website or other means.

This policy applies to users of The Shake Lab's services anywhere in the world.

2. What Collection of Personal Information by The Shake Lab

Summary: The term “Personal Information” means any information that can be used to personally identify you.

Examples of Personal Information we may collect from you includes your name, address, date of birth (age), gender, home address, email address, telephone number, occupation, menu preferences, previous order information, IP address, credit card details, individual interests, preferences, tastes, purchasing behaviour, education details, employment history and other information relating to your work experience. We may also collect an opinion (including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion).   Those are just a few examples so please review this Privacy Policy closely and let us know if you have any queries.

We do not collect Sensitive Personal Information, which includes information about racial or ethnic groups or religious beliefs, without your express consent or as otherwise required by law.

3. How do we collect Personal Information?

Summary: We collect your Personal Information in a number of ways. We may collect your Personal Information directly from you or in the course of our dealings with you, for example:
- Information that you provide to us, such as your name
- Information when you use our services, such as your purchase history

We will only collect Personal Information from you that we reasonably require for one or more of our business functions or activities and will do so in accordance with the laws in the country in which your Personal Information is collected and any other laws that we are required to comply with as a global organisation.

The kinds of Personal Information we may collect from you will depend on what type of interaction you have with us.  We may collect Personal Information from you in the following ways:

  • When you participate in a promotion, competition, promotional activity, survey, market research or customer behavioural activity
  • When you subscribe to our mailing list or interact or follow our social media pages including Facebook, Twitter and Instagram
  • When you download The Shake Lab App or use The Shake Lab Loyalty
  • We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity
  • When you provide us with Personal Information via our stores or head office or when you place an order in store, by telephone or via our mobile or electronic ordering system
  • If you use social media, any information that you allow the social media site to share with us
  • If you provide feedback and opinions about our products and services through any channel
  • If you contact our Support Centre we may record calls in and out of our Support Centre and so we will collect any Personal Information you provide during the call
  • If you are applying for a position with The Shake Lab, we will collect information as outlined in the section below titled “Employment Applications”
  • By accessing a website or mobile application via links in an email we have sent and/or by accessing a website or mobile application where you have identified yourself, you consent to the collection of such information where it is Personal Information. We may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other Personal Information collected from you from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you.
  • Depending on the "The Shake Lab" services that you use, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.
  • We may collect transaction details related to your use of our services, including your order details, date and time the service was provided, amount charged, and payment method
  • We may also collect Personal Information through cookies and other identification technologies, please refer to “Cookies and Web Beacons" section below.
  • Public databases
  • If you use our 'store locator' feature, you can agree to share your location so that you can more easily find the nearest store.
  • We may use CCTV in or around The Shake Lab businesses to investigate any type of incident and protect our personnel. We will restrict access to any footage.

The Shake Lab may combine the information collected from these sources with other information in its possession.

In some circumstances, we may collect Personal Information from third parties such as credit reporting agencies or marketing agencies. Where we do, we will ensure that we act in accordance with relevant laws.

4. Cookies and web beacons

Summary: The Shake Lab and its partners may use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy.
A “cookie” is a small text file that is stored on your browser or device that can identify you as a unique customer and store your personal preferences.

As you navigate through our websites or smart device applications, certain information can be passively collected (by us or our vendors) using various technologies such as cookies, internet tags or web beacons, and navigational data collection (log files, server logs and clickstream data). Using “cookies” enables us to collect data regarding your personal preferences, including what products you have ordered, at what times and in what amounts, the pages you have visited in what order and so forth. This enables us to recognise you as a specific customer and to help us and our third-party service providers present targeted and customised advertising to you. For example, we can keep track of the drinks you like such that if you consent, we can send you information about new products and promotions that you might be interested in.

If you do not wish to receive cookies, you can change your browser settings such that your device does not accept cookies or please contact us. However, please note that certain areas of the The Shake Lab website or The Shake Lab App may only be accessed in conjunction with cookies.

Where required under applicable laws (except for the uses that are inherent to the service), we will ask for your consent to collect this information by way of the cookie banner you saw when you first visited our website. For more information about how we use cookies and how you can manage your consent, have a look at our Cookie Policy here.

5. Third-party links

The websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control, endorse or make representations about these third-party sites and are not responsible for their privacy statements. When you leave our websites, we encourage you to read the privacy notice of every website you visit. If you choose to give Personal Information to unrelated third parties it will not be covered by this Privacy Policy.

On our online services, we may also have providers of other services like apps, tools, widgets and plug-ins (for example Instagram “Like” features), which may also use automated methods to collect information about how you use these features. These organisations may use your information in line with their own policies.

6. Employment applications

We collect Personal Information when you interact with us with regards to employment.

Examples of when we collect Personal Information includes when you apply for a position with us, complete an employment form for us, contact our Support Centre in respect to an employment opportunity, visit our website, social media channels or mobile applications.

In considering your application, we may also obtain Personal Information about you from third parties. For example, from your previous employers, recruitment agencies, nominated referees, government agencies and regulatory authorities.  Subject to your consent, we may also collect Sensitive Personal Information about you such as information about your health (including any disability), any criminal record, if it is relevant to the role that you are applying for, and whether you identify as Aboriginal or Torres Strait Islander.

We collect Personal Information for a variety of purposes, including but not limited to any one or more of the following purposes: verifying your identity, communicating with you, assessing you for a position with us or one of our related entities and storing your information for future employment opportunities.

If you do not provide us with the information we request, we will be unable to do one or more of the above.

We may disclose your information to; referees or previous employers, recruitment agencies or agencies or contractors acting on our behalf, our related entities, law enforcement agencies to verify whether you have a criminal record or educational organisations to the extent necessary to verify your qualifications.

If we engage third party contractors to perform services for us which involves handling Personal Information, we will take reasonable steps to prevent the contractor from using the Personal Information except for the purpose for which it was supplied.

We will hold your Personal Information for future job opportunities with us, unless you tell us not to.

7. How we store your Personal Information

Where we store your Personal Information depends on what interaction you have had with us. However, some areas may include databases for processing customer enquiries, feedback or for general data processing or databases for email or SMS marketing communications.

8. Information retention and deletion

Summary: The Shake Lab retains user profile and other information for as long as you maintain your Loyalty membership or other The Shake Lab account. If you withdraw consent to the collection or use of Personal Information, The Shake Lab deletes such Personal Information. Users may request deletion of their accounts at any time. Following such request, The Shake Lab deletes the information.

We only keep your Personal Information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identify your Personal Information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

There may be circumstances relating to employment or franchise applications or inappropriate or legal conduct which prevent The Shake Lab from permanently deleting Personal Information. For example, in the case of fraud or where litigation has been threatened.

9. How your Personal Information will be used

Summary: The Shake Lab (our affiliates and subsidiaries) do not sell your Personal Information to third parties and only share your Personal Information as described in this Privacy Policy

We collect your Personal Information so that we can use it for our functions and activities and provide products and services to you, which include, among other things:

Providing services and features

The Shake Lab uses the information we collect to provide, personalise, maintain and improve our products and services. This includes using the information to:

  • Create and update your account
  • Verify your identity
  • To assist us in providing goods and services to you
  • Processing orders you place with us in our stores or via our electronic or mobile ordering system, providing you with email or SMS confirmation of your orders, providing you with our products and processing refunds where applicable;
  • Perform internal operations necessary to provide our goods and services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyse usage and activity trends
  • Features to personalise your experience on our The Shake Lab platforms
  • To identify services and products that may be of interest to you
  • Assisting you with remembering and re-ordering from our menu in future
  • Administering and conducting traineeships
  • Facilitating our internal business operations, including fulfilment of any legal and regulatory requirements
  • To facilitate the “5 star” feedback program
  • Processing and considering your employment application and conducting reference checks (refer to Employment Application section above)

Customer support

The Shake Lab uses the information we collect to provide customer support services, including to:

  • Direct your questions to the appropriate customer support person
  • Investigate and address your concerns
  • Monitor and improve our customer support responses
  • Administering and responding to your enquiry or feedback about our products
  • To process and respond to any feedback provided by you

Legal proceedings and requirements

The Shake Lab may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns:

Communications from The Shake Lab

With your consent (where required by applicable law), The Shake Lab may use the information we collect to communicate with you about:

  • Promoting and marketing current and future products, services, promotions, studies, surveys, news, updates and events
  • Conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research; fulfil any related awards, and serve you relevant ads and content about our goods or services and those of our business partners
  • Special promotions and offers and analysing our products and services so as to improve and develop new products and services.

This communication (including direct marketing materials) may take place via: email, text messages, other digital services (such as through our loyalty app), phone, internet-based marketing including targeted online advertising and online behavioural marketing.

You may receive some of these communications based on your profile as a Shake Lab Loyalty user. All users have the right to object to this type of processing. You can contact us at any time if you no longer wish to receive marketing materials from us or our related entities.

With your consent

The Shake Lab may share your information other than as described in this policy if we notify you and have your consent in writing to the sharing.

Vendors

We may share your Personal Information with vendors who provide services to us, such as fulfilling orders (e.g. Deliveroo), carrying out research (data processing), managing promotions, personalising customer experiences and other information technology services. We do not allow these vendors to use this information or to share it for any purpose other than to provide services on our behalf.  

Anonymous information

There may be times where we collect and share information when it does not directly identify you. This may be done for a variety of functions. For example, to determine visitor interest via our website or app. None of this information will allow anyone to identify you.

10. Marketing Opt-Outs

At any time, you may opt-out of receiving direct marketing communications from us or our related entities. We will then ensure your details are removed from our mailing lists and stop sending marketing communications to you.

To opt-out follow the instructions in the marketing communications we send you, via your loyalty profile or contact us at hello@theshakelab.co.uk

Please note that if you opt out, we may still send you non-promotional messages, such as receipts or information about your account.

11. Disclosure of Personal Information to third parties

We may disclose Personal Information we collect from you:

  • To our related entities, suppliers, consultants, contractors or agents for the purposes set out in the section above or for other purposes directly related to the purpose for which the Personal Information is collected
  • To relevant federal, state and territory authorities for the purpose of investigating a food safety or health issue
  • To The Shake Lab franchisee partners if you have made an enquiry or complaint relating to a store that is owned and operated by one of our franchisees
  • Where the relevant law requires or authorises us to do so
  • To others that you have been informed of at the time any Personal Information is collected from you
  • With your consent to others

12. Overseas disclosures

The Shake Lab is a global organisation with The Shake Lab related entities, franchisees and other third-party providers located around the word. We may share your information internationally.

The countries in which these organisations or persons are located will depend on the circumstances. Any information will be shared in accordance with this Privacy Policy and in compliance with applicable laws.

The Shake Lab will take all reasonable care to ensure that overseas providers will handle your Personal Information securely. Please refer to the relevant country specific addendum for further details.  

13. Security

We take protecting your Personal Information seriously and are continuously developing our security systems and processes. We take reasonable steps to protect your Personal Information from misuse and loss and unauthorised access, modification or disclosure. We do this by having physical and electronic security systems and by limiting who can access your Personal Information. We also have online and network security systems in place for our websites, so that the information you provide us online is protected and secure. Your Personal Information may be held in electronic or hard copy form. We use third party service providers to store some personal information.

As our website and smart device application are linked to the internet which is inherently insecure, The Shake Lab cannot provide any assurance regarding the security of the information you communicate to us online. We cannot guarantee that such information will not be intercepted so you transmit such information at your own risk. Please contact us if you become aware of, or suspect, any breach of security.

If required under the applicable law, if we become aware of a data breach that is likely to result in serious harm (for example, your Personal Information was shared with unauthorised persons) we will notify you as soon as is practicable and the relevant authority about that actual or possible breach.

14. Access to Personal Information and Correction

We aim to ensure that any information we obtain from you is accurate.  You can request access to your Personal Information or advise us of any required correction and information which you believe to be inaccurate by Logging into Loyalty and updating your information. Any queries should be directed to hello@theshakelab.co.uk

We will require you to verify your identity and to specify what information you require. We may charge a fee to cover the cost of verifying the application and locating, retrieving, reviewing and copying any material requested. If the information sought is extensive, we will advise the likely cost in advance and can help to refine your request if required.

Exceptions (if applicable under the relevant law) which may affect your right to access your Personal Information we hold about you include the following:

  • access would pose a serious threat to the life or health of any individual
  • access would have an unreasonable impact on the privacy of others
  • a frivolous or vexatious request
  • the information relates to a commercially sensitive decision-making process
  • access would be unlawful or denying access is required or authorised by law
  • access would prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, a security function, or negotiations with the individual
  • legal dispute resolution proceedings.

15. Contact Us - Our global data protection officer

Although we are committed to ensuring that at all times there is strict adherence to all relevant privacy principles and laws, in the event that you are dissatisfied in any way with the collection, use, storage and/or disclosure of your Personal Information or believe that there has been a data breach or breach of applicable laws, we invite you to contact us as soon as possible. We have appointed an international Privacy Complaints Manager (who is also our Privacy Officer) to whom your complaint or any queries may be directed by:

E-mail at privacy@theshakelab.co.uk

If our Privacy Policies do not answer a question that you have about how we manage your Personal Information, please email us.

All complaints are to be made in writing to The Shake Lab and The Shake Lab is then allowed a reasonable time (within 30 days) to respond to complaints. We may ask you to participate in a dispute resolution scheme (such as mediation) in order to resolve your complaint.

If you are not satisfied with the manner in which we deal with your complaint, you may refer it to your local authority.

16. Changes to this Privacy Policy

We may occasionally make changes to this Privacy Policy. We will post any changes to this privacy policy on our websites and applications. When we make material changes to this Privacy Policy, we will provide you with notice pursuant to applicable laws.

To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.

We encourage you to periodically review this policy for the latest information on our privacy practices.

17. Children's Privacy Notice

Our policy is not to collect Personal Information from any person under 13-years-old unless collection is for a specific activity and (where required under law) that person’s parent or guardian has provided us with written consent to collect their Personal Information for that specific activity.

Whilst some of our The Shake Lab products (e.g. smoothies) are targeted towards children, we do not intend for our online services to be used by anyone under the age of 13. If you are a child under the age of 13, PLEASE DO NOT provide any Personal Information to us. If you are a parent or guardian and believe we may have collected information about your child, please contact us.

 

EU GDPR Addendum: The Shake Lab United Kingdom - Privacy Notice

Last Updated: 27 September 2018

Summary: The European Union General Data Protection Regulation (the GDPR) contains data protection requirements that apply from 25 May 2018. 
The following section sets out The Shake Lab’s policies for processing Personal Information (referred to as “personal data” in the GDPR) of customers in the EU as a data processor.

If you are a resident of the EU (including England) and use any The Shake Lab services in the EU, then in addition to the The Shake Lab Privacy Policy, the following applies to you.

Data controller and contact details

The data controller and contact details for the information you provide or that is collected by The Shake Lab or its affiliates in the United Kingdom is:

TD4 LTD Company Registration 05761251
The Shake Lab (UK) Ltd.
Privacy Officer
Email: hello@theshakelab.co.uk
Website: www.theshakelab.co.uk
Address: Abbots Moss Hall, The Pavilion, Oakmere, CW8 2ES, United Kingdom

Questions, comments and complaints about The Shake Lab's data practices with EU Personal Information can be submitted to The Shake Lab's data controller.

What EU The Shake Lab Personal Information is collected and how is that data collected?

The kinds of Personal Information the The Shake Lab EU may collect from you and how will depend on what type of interaction they have with us. Refer to sections 2 and 3 above.

EU The Shake Lab customer Personal Information rights

If you are a Shake Lab Loyalty user or customer in the EU, you have additional rights with respect to The Shake Lab's handling of your Personal Information which are set out below. Please contact us if you would like to exercise any of these rights or other rights available to you under the GDPR. Users outside the EU may also request explanation, correction, deletion or copies of their Personal Information.

In order to comply with the request, we may ask you to verify your identity.

We will fulfil the request by sending your copy electronically, unless the request specified a different method.

Explanation and copies of your data
  • You have the right to request an explanation of the information that The Shake Lab has about you and how The Shake Lab uses that information.
  • You also have the right to receive a copy of the information that The Shake Lab collects about you
  • you have the right to have the data we hold about you transferred to another organisation
Correction
  • If The Shake Lab has information about you that you believe is inaccurate, you are welcome to log into Loyalty and update your information yourself, or contact us so we can update it and keep your data accurate.
Deletion
  • Any data that is no longer needed for the purposes specified it will be deleted and/or deidentified.
  • Users may request deletion of their Shake Lab Loyalty accounts and have your Personal Information erased at any time (including any links to, copy or replication of such information). Users may request deletion via The Shake Lab’s website or email via hello@theshakelab.co.uk.
Objections and complaints
  • You have the right to object to The Shake Lab’s processing of Personal Information, including for marketing purposes based on profiling and/or automated decision making.
  • You have the right to lodge a complaint with the Information Commissioner’s Office. Further information, including contact details, is available at https://ico.org.uk.
  • You may also submit questions, comments or complaints to The Shake Lab's data controller.

The Shake Lab will make every effort to provide these rights but there may be circumstances where these rights may be limited. For example, if fulfilling your request would reveal personal data about another person, present a security risk or where the information contains legal privilege.

Why is the data collected and how do we use the Personal Information?

Please refer to section 9 above for an explanation of why and how we use Personal Information in the EU.

The different grounds The Shake Lab relies on for processing Personal Information are (amongst other things):

Consent

You have told us you are happy for us to process your Personal Information for a specific purpose.

Where processing your personal information is based on your consent you may withdraw this consent at any time (the withdrawal of the consent will not affect the lawfulness of processing based on consent before its withdrawal).

Legitimate interests

The processing is necessary for us to conduct our business, but not where our interests are overridden by your interests or rights.

The Shake Lab must collect, process and use certain information in order to provide its services to its master franchisees. This includes:

  • To provide customer support
  • For research and analytical purposes. This includes, for example, analysing usage trends to improve user experience
  • For direct marketing purposes. This includes, for example, analysing data to identify trends and tailor marketing messages to user needs.
  • Detect, prevent or investigate security breaches or fraud
Performance of a contract

We must process your Personal Information in order to be able to provide you with one of our products or services.

International transfers of Personal Information

The Shake Lab EU customers data (including Personal Information) may be transferred between the United Kingdom, Australia, Italy, Ireland, Netherlands and the United States.

As a resident of the European Economic Area, we may transfer your personal information to countries that have not been found by the European Commission to provide adequate protection. In such cases, we take measures (such as standard data protection clauses) necessary to ensure that your personal information receives an adequate level of protection. If you have any questions please contact us.

Cookies and Other Technologies

A copy of The Shake Lab’s UK cookies policy can be found here.

How long will we keep EU Personal Information for?

We will keep your Personal Information for the purposes set out in this privacy policy and in accordance with the law and relevant regulations. Our records policies reflect applicable laws. We will only retain your Personal Information for as long as we need it for our legitimate interest in accordance with applicable laws. After such time, we will either delete or deidentify your Personal Information. We will delete your Personal Information upon request.