GDPR

[Anabusiness]

Good morning.
I have an online business and on my website I ask people to subscribe. The company that is doing the products gets those emails and doesn't share them with me. Is that legal?
I asked for the emails and I should have them. Is the company that is doing the product breaching GDPR?

Thank you very much.

 

[Ozzy]

This will depend on what is in the contract of sale, who the consumer is purchasing from and thinks they are purchasing from, which leads to who owns the customer, and what the contents of your Data Sharing Agreement state between your company and this other company.
I have assumed you have all these legal documents in place in this reply.

 

[Nick@Daydot]

GDPR doesn't give you access rights to anything, it protects the rights of the people whose data is being processed. When people sign up there should be a privacy policy or information telling them how the data will be used and processed. Is there one?

I don't understand how it's your site but something got built on your site that does something you don't want. How did it get built? Was there some sort of agreement up front?

 

[Anabusiness]

Thank you for your answers Nick and Ozzy.
It is a company that does printed items. I have the domain, I created the website, I created the products and I sell them. On the website it is the option to subscribe to my newsletter. The company is making the products and send them to the customer.
I also have a blog on the website. When I asked about why I don't see the subscribers email I have been told the company has them and due to GDPR I can't have them.
How can I know to who I ma sending notifications if I don't have the emails?
I have the terms on their platform.
14.3. The parties acknowledge that for the purposes of the Data Protection Laws, Teemill is the Controller and you are the Processor of the following types of Personal Data that may be processed by you during the Term for the purpose of allowing you to operate the Teemill Shop and to comply with your obligations under the Agreement:

• 14.3.1. the names and contact details of Teemill's employees, workers, consultants, contractors, suppliers, agents and advisers; and
• 14.3.2. the names and addresses of Customers.

I am confused of why I ask people to subscribe, but I don't know what they subscribe to.

Thank you very much.

 

[Ozzy]

It looks like you signed up to one of those printing companies where they give you a template platform to sell printed clothes and send them out, and you earn a cut of the sale. You are not the provider, you are not the seller, you are an affiliate earning a commission of sales.

The only way you would own the customer is if you built the website from scratch, hosted the website on your own server, and placed an order separately with your choice of printing company who you can chop and change as you desire with each order. You have no control here I'm afraid.

 

[Anabusiness]

Thank you very much Ozzy.
The domain I own. The website I made it on their platform, didn't allow me to do it with the domain company. They don't do any sell. I have to advertise and spread the word. They don't help in any way for the sale. I set the prices. They limit me a lot. The samples have their label and don't let me add my label, not even printed on the clothe item. Now I don't see my subscribers.
.... They are also using me to get email list. ...... So many times I remain without words.

Thank you very much for the enlightenment.

 

[Chris Ashdown]

Am I right in assuming the customer thinks they are buying from you the seller but in fact they are buying from a unknown company and only find out on receipt of the order confirmation, and they have no idea that the date they provide only goes to a seperate unknown company

 

[DontAsk]

Good morning.
I have an online business and on my website I ask people to subscribe.

If they are subscribing to your site, why don't you have the details? It sounds like they are actually subscribing through your site to the supplier.

The company that is doing the products gets those emails and doesn't share them with me. Is that legal?

Of course it is.

I asked for the emails and I should have them. Is the company that is doing the product breaching GDPR?

I don't think you can break GDPR by NOT sharing information.

Unless the subscription process explicitly requests permission for the e-mail to be shared with a 3rd party (i.e., you) then you have absolutely no rights to the e-mail addresses. Why would the supplier want to share their customer details with you? You might start competing and selling directly.

As you are the processor, you are only allowed to process data in line with the controller's (Teemill) instructions, see https://ico.org.uk/for-organisation...essors/what-are-controllers-and-processors/#4

You did check all this before setting up your venture, didn't you?

 

[fisicx]

Thank you very much Ozzy.
The domain I own. The website I made it on their platform, didn't allow me to do it with the domain company.

In other words, it's not your website, you are just an affiliate. The newsletter sign up is for the host not for you. You might as well remove it from the site.

 

[Anabusiness]

Am I right in assuming the customer thinks they are buying from you the seller but in fact they are buying from a unknown company and only find out on receipt of the order confirmation, and they have no idea that the date they provide only goes to a seperate unknown company

When they order the confirmation email comes from the company not me. The product has their label. Doesn't let me put mine.....

Thank you very much.

 

[Anabusiness]

Dontask I did got the terms in the begining and I looked over them. Some of the information comes up while I start to use them and create.

Fisicx I consider moving the blog on another website a d have the subscription only there not on the teamill page.

At the end of the day I pay for their products and delivery. I make profit, but they take the clients information and don't share it with me. I think is not fair.

Thank you very much.

 

[fisicx]

Fisicx I consider moving the blog on another website a d have the subscription only there not on the teamill page.

Not worth the effort - unless you have a whole load of people reading your posts

At the end of the day I pay for their products and delivery. I make profit, but they take the clients information and don't share it with me. I think is not fair.

Might not seem fair but that's the disadvantage of using an affiliate PoD store.

If you want full control you need an independent site - which will cost you far more than your current income.

 

[Anabusiness]

Fisicx thank you very much. I started like this because is only me and if I am sick or not in the country is noone else do to the packages plus no space for stock. I did it as a starting point. The customer service is shocking with them. Delayed my site launch for weeks because they said their side is ok and blaming the domain. Was teamill not the domain. I order a sample to be delivered in Romania and is with the courier since 04.04. the answer was, if it doesn't arrive by may 2nd they will send another one...... The products are good, the print I am happy with.... The customer service is very important to me. If I do it on Etsy the companies who print also print my label on the inside of the t-shirt. It is a learning experience... And I think reinforces the quality I want.
Thank you very much.