These Terms of Use (“Terms”) govern your access to and use of this Platform and any content that you will upload or share through this Platform. Before you use this Platform, you must read and accept these Terms of Use. If you do not accept these Terms of Use you must not use this Platform. By accessing and/or using this Platform you agree to be bound by these Terms.

In these Terms: "we", "us", "our" means Primark; “you” “your” and “yours” means users authorized by Primark to access and use this Platform; and “Submission” means any material, documents, data, ideas, comments, information, work, artwork, suggestions, feedback, and other content that you submit on this Platform and/or subsequently share with Primark in discussion.

These Terms supersede any other terms to the contrary (including those included in your Submission if any).

We may need to make changes to these Terms in the future so that they continue to accurately reflect the Purpose, use and/or scope of the Platform. Every time you wish to use the Platform, please check these Terms to ensure you are aware of and accept the Terms that apply at that time.

Your Submission

You hereby confirm that you are the sole owner of your Submission and all materials embodying it (“Submission”). You warrant your Submission is your original work, and that it has not been copied wholly or substantially from any other source, that it does not contain third party confidential information or trade secrets, that you have not and will not give permission to any third party to use the Submission or any intellectual property rights in it, and that Primark's subsequent exploitation of the Submission will not infringe any intellectual property rights of any third party.

By making to Primark a Submission you acknowledge and agree that:

• You are making your Submission (i) in the course of your employment and subject to the terms of your employment contract with Primark; or (ii) (in the case of non-employees) subject to the terms of your contract with Primark (in both cases your “Contract”).

• In accordance with your Contract and/or by operation of law, all future and existing intellectual property rights vested within your Submission shall at that moment be assigned with full title guarantee to Primark and become Primark’s property. This means that Primark will own the intellectual property rights in your Submission. Insofar as the intellectual property rights in your Submission do not vest automatically by operation of law or under your Contract, you hold legal title in these rights on trust for Primark and you will execute and deliver such documents necessary to perfect an assignment of these rights to Primark;

• Primark will be free to use and redistribute your Submission for any purpose and on an unrestricted basis, without any compensation, claim or any commitment to you. However, in some cases we might decide to reward you for your Submission and if we do, we will discuss this with you directly. You acknowledge that, no further fees or compensation other than those provided for in these terms are due or may become due to you in respect of your obligations under these terms;

• If Primark does decide to use your Submission, you may be required to sign a separate assignment document that confirms the assignment of your intellectual property rights. We will share this with you if relevant; and

• you waive absolutely your moral rights arising under the Copyright and Related Rights Act 2000 (and all similar or equivalent laws and regulations that apply in the jurisdiction in which the Submission is made) in relation to the Submission and, so far as is legally possible, waive absolutely any broadly equivalent rights you may have in any territory of the world.

Primark is under no obligation to review or use your Submission.

If Primark is interested in further discussions about your Submission we may contact you.

Acceptable Use

You will use this Platform and its contents solely for the Purpose, and for no other purpose. You shall not:

• Share your credentials with any other person;

• Impersonate another user or person;

• Attempt to obtain any password, account information or other personal data from any user;

• Abuse, harass, threaten or intimidate other users;

• Submit any content that is abusive, offensive, discriminatory or illegal;

• Submit any content that infringes any intellectual property right of any third party;

• Submit any unsolicited material or unauthorized advertisement, spam or off-topic content or comments;

• promote your own business or solicit business;

• copy, amend, reproduce, download, extract or disclose any content of the Platform;

• introduce any bugs, worms or viruses, perform any unauthorized act or otherwise tamper or interfere with the functioning of this Platform in any way whatsoever.

Without limitation, Primark reserves the right to delete/remove from the Platform any Submissions you make at any time.

This Platform may contain trade secrets and confidential information of Primark. You shall treat all contents of this Platform as confidential, and not share, disclose or discuss them with any third party. Primark (or their licensors) owns all intellectual property rights in the content of this Platform. Nothing in these Terms gives you any right, title or interest in the content of this Platform.

Whilst we expressly request that you do not send or provide any unsolicited materials to this Platform, in the event you choose to submit unsolicited materials then these Terms will apply.

You will at all times comply with Primark’s security requirements communicated to you or published on this Platform from time to time. You must keep your password and user ID confidential and not share them with anyone. You will immediately report any security or data breach to Primark (e.g. if your user ID or password may have been compromised).

Data Protection

You agree that Primark will process your personal data for the purposes of and in relation to your access to and use of this Platform. Primark reserves the right to monitor your access and activity within this Platform, including any content that you may upload, access or download via this Platform, at any time without prior notice for legitimate business interests. Primark will process Personal Data in accordance with the Primark Privacy Policy applicable to you. You must only upload personal data which is strictly necessary to the Purpose and in accordance with applicable data protection laws, including obtaining consent where required.

Compliance

You agree to comply with all Primark’s codes of practice and policies applicable to you.

Liability

You warrant that all your Submissions will comply with your obligations in these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

This Platform is provided “as-is” and “as available” by Primark. To the fullest extent permitted by law, Primark gives no express or implied representation or warranty in respect of this Platform, its availability or usability, or its content and all such representations and warranties are excluded.

Primark cannot guarantee that this Platform will be free from errors or bugs. Primark assumes no responsibility for any loss or damage in respect of this Platform or its content and so disclaims all liability accordingly. You expressly acknowledge that your use of this Platform is at your own and exclusive risk.

This Platform may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Platform do not represent our views or values.

Any disclaimers or limitations of liability on this Platform shall apply to the fullest extent permitted by law. Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation or for death or personal injury arising from our negligence or any other liability that cannot be excluded or restricted by applicable laws.

Assignment

We may transfer our rights and obligations under These terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.

General

Primark reserves the right to suspend or cancel your access rights, or to close (permanently or temporarily) this Platform at any time without notice.

Any breach of these Terms may subject you to disciplinary action in relation to your employment or contract with Primark, and/or legal action.

These Terms are governed by English law. Any dispute or matter in relation to these Terms, Platform and your Submission will be submitted to the exclusive jurisdiction of the Courts of England.

Contact

In case of any question, please contact us at fwd-think@primark.com

Last updated on January 2024

Introduction

The protection of your personal data is of paramount importance to Primark (“we”, “us” and “our”). This Notice gives you information about how Primark collects, processes, stores and otherwise uses information about you, when you voluntarily choose to participate in idea and innovation campaigns.

This notice also tells you how you can exercise your data protection rights, including the right to object to some of the data handling we carry out. More information about your rights and how you can exercise them is set out in the “Your Rights” section below.

Who are we?

References to “Primark”, “us”, “we” or “our” in this notice mean Primark Limited (Company Number 47371, Arthur Ryan House, 22-24 Parnell Street, Dublin 1, Dublin, D01 P7W2, Dublin).

What information do we collect about you and why?

Primark has a legitimate interest to run idea campaigns to create a culture of listening to its employees and contractors, to drive innovation and improve efficiencies across the business and to promote hidden talent within the wider Primark workforce. Depending on how you interact with Primark’s Ideation Management campaigns (via the website platform or Microsoft Teams), we collect the following information about you:

1. Information about you when you use the platform

• Your name (First and Last name(s))

• Email address:

• Your Primark email address or, where a colleague does not have a Primark email address, we ask for your personal email address solely for the purpose of keeping you informed on the status of your idea while it undergoes reviews (one-way notifications). Notifications will stop as soon as the campaign closes or your submitted idea is no longer being reviewed as part of the campaign – whichever comes first.

• Your store location

• Your Workday Identity

• Link to your Teams Profile

We use this data to identify you as idea submitter, to provision you with platform access and be able to communicate with you and to notify you about the status of your submitted idea. If you do not provide to us the requested information, you will not be able to participate in Ideation Management campaigns. We also use this data to run analytics on the performance of our idea campaigns.

1. Information about you when you use Microsoft Teams

If you choose to participate in an idea management campaign using Microsoft Teams, we collect the following information about you:

• Your name

• Your Primark email address

• Link to your Teams Profile

We use this data to identify idea submitters and other campaign participants and to communicate with you. We also use this data to run analytics on the performance of our idea campaigns based on aggregated data.

Whether you submit your idea through the platform or via Microsoft Teams, no sensitive personal data, such as personal information about racial or ethnic origin, political opinion, religious or philosophical belief or trade union membership, will be requested from you to participate in idea campaigns.

Children

If you are under 16 years old, do not use or provide any information on or through the platform without your parents’ consent. We do not knowingly collect personal information from children under 16 years old. If we discover that we have unintentionally collected personal data from a child below 13, we will remove that child’s personal data from our records promptly.

Sources

We process personal information about you, either directly from you, from a third-party source or by automated collection when you use the website platform to submit your idea. For more information about how we collect data by automated means see our Cookie Policy.

Cookies

When you decide to submit your ideas, thoughts and feedback in response to the various 'challenges' and campaigns organised by the business, you will be redirected to our website page. Please see our Cookie Policy to learn how we use cookies and how you can manage your cookie settings when you visit our site.

We also use cookies to enable you to log in to the platform. These cookies are third-party cookies, used by the hosting platform with their own cookie policy over which we have no control.

Sharing your data

We share your personal information within Primark where this is necessary to run, administer and manage idea and innovation campaigns. We also share your personal information that strictly relates to the provision of service with companies providing services under contract to us. The platform we use to administer and manage ideas is run on Primark’s behalf by Sideways6 Limited (21 Downham Road, London, N1 5AA, registered in England under registered no. 08859328), which itself uses five sub-processors: Microsoft Azure, Intercom, Twilio SendGrid, Mixpanel and Sideways6 Development OOO .

We may also share your personal information with third parties in order to comply with our legal obligations, and third parties involved in, or assisting with, litigation (including legal advisers, witnesses, experts and judicial and quasi-judicial authorities).

If Primark merges with or is acquired by another business or company in the future (or is in meaningful discussions about such a possibility) we may share your personal information with the (prospective) new owners of the business or company.

Retention of personal data

We will retain your personal information in a form that identifies you for no longer than is necessary for the purposes for which the personal information is processed. Winning ideas and runner-up ideas are retained for a year after the campaign ends and are deleted afterwards. All other ideas and data related to them are deleted after the campaign ends.

If any relevant claims are brought, we may continue to process your personal information for such additional time necessary in connection with that claim.

Transfers of your personal data

We ensure that we comply with the applicable legal requirements when transferring personal information outside the UK or the EEA.

The platform is hosted by our supplier Sideways 6 in a data center in the Netherlands for the primary architecture. Backups are also archived in a data center in the Netherlands, as the secondary architecture to ensure business continuity. Sideways 6 acts as the data processor for Primark and uses five sub-processors in total – Microsoft Azure (cloud services), Intercom (support via in-app chat and email), Twilio SendGrid (emailing services), Mixpanel (product analytics) and Sideways 6 Development OOO (product support services). Intercom, Twilio Sendgrid and Mixpanel are all based in the USA – Sideways 6 therefore has GDPR-compliant data transfer clauses in place with these sub-processors.

Security

We have taken appropriate technical, administrative, physical and procedural security measures, consistent with local and international information practices, to protect your personal information from misuse, unauthorised access or disclosure, loss, alteration, or destruction. Your personal information will be processed by authorized staff on a need-to-know basis. Sideways 6 and their selected staff are only allowed to access and use your personal data on our behalf and for the specific tasks that they have been requested to carry out and are required to keep your personal information confidential and secure.

The idea management platform is hosted by our supplier Sideways 6 on Microsoft Azure in accordance with a broad set of international and industry-specific compliance standards, such as ISO 27001, SOC 1 and SOC 2, as well as country-specific standards like UK G-Cloud, HIPAA, and FedRAMP.

Your rights

If you wish to access and request a copy of your personal information or exercise any of any of your rights as listed below, you can contact us at dataprotection@primark.com. If we need more than one month (from receipt of your request) to respond to your request, we will come back to you and let you know. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

If you think the personal data we hold about you is inaccurate or incomplete, you can ask us to correct it or complete it.

You also have the right to ask us to delete your personal information or to restrict its use. However, there are exceptions to these rights. For example, it will not be possible for us to delete your data if we are required by law to keep it. Similarly, access to your data may be refused if making the information available would reveal personal information about another person or if we are legally prevented from disclosing such information.

Similarly, in some circumstances, you have the right to object to the processing of your data by us, in particular where we don’t have to process the data to meet a contractual or other legal requirement.

If you are not satisfied with our response to a complaint you have made or think we are not complying with data protection law, you have the right to make a complaint to Primark’s lead supervisory authority, the Data Protection Commissioner ( Address: Data Protection Commission, 21 Fitzwilliam Square, South Dublin 2, D02 RD28, Ireland, Website: https://forms.dataprotection.ie/contact) or your local supervisory authority, the data protection regulator, who can be contacted as set out below:

Address: Data Protection Commission, 21 Fitzwilliam Square, South Dublin 2, D02 RD28, Ireland

Website: https://forms.dataprotection.ie/contact

or to seek a remedy through the courts if you believe that your rights have been violated.