1.1 Tom Hartley Jnr (“we/our/us”) is committed to protecting and respecting your privacy. This privacy notice sets out the basis upon which the personal data we collect from you or that you provide to us will be processed by us.
1.2 For the purposes of data protection legislation, Tom Hartley Jnr Limited (registered number: 06712857 and registered office address: The Exchange, Haslucks Green Road, Shirley, Solihull, West Midlands, B90 2EL) is the “data controller” and responsible for your personal data.
1.3 It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
2. THE DATA WE MAY COLLECT ABOUT YOU
2.1 We may collect, use, store and transfer the following different kinds of personal data about you:
2.1.1 information (such as your name, title, date of birth, email address, postal address and telephone number) you provide:
(a) by completing forms on the Site, including if you subscribe to any service, upload or submit any material via the Site, or request any information; and
(b) to our representatives via telephone, email or personally at trade shows or other marketing events;
2.1.2 financial data (such as bank account and payment card details) you provide, for example, in relation to the performance of a contract we are about to enter into or have entered into with you;
2.1.3 transaction data, including details about payments to and from you and other details of products and services you have purchased from us;
2.1.4 technical data, including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Site, which we may collect by using cookies, server logs and other similar technologies;
2.1.5 profile and usage data, including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses and information about how you use our Site, products and services; and
2.1.6 marketing and communications data, including your preferences in receiving marketing from us and our third parties and your communication preferences.
2.2 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2.3 Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. USE MADE OF YOUR DATA
3.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We may also use your personal data where we need to perform the contract we are about to enter into, or have entered into, with you, or where we need to comply with a legal or regulatory obligation.
3.2 We may use personal data we hold about you:
3.2.1 to provide you with information, products or services that you request from us, or which we feel may interest you;
3.2.2 to administer the Site and for research, analysis, testing and statistical purposes;
3.2.3 to carry out our obligations arising from any contracts entered into between you and us;
3.2.4 to allow you to participate in any interactive features of our Site; and
3.2.5 to notify you about changes to our Site or services.
3.3 You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you registered for a promotion and, in each case, you have not opted out of receiving that marketing.
3.4 We will get your express opt in consent before we share your personal data with any other company for marketing purposes.
3.5 You can ask us or third parties to stop sending you marketing messages at any time by following the opt out links on any marketing message sent to you. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase or other transaction.
3.7 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
3.8 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4. DISCLOSURE OF YOUR PERSONAL DATA
4.1 We may disclose your personal data if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our terms and conditions or to protect the rights, property or safety of Tom Hartley Jnr or any of its affiliates or the Site or its visitors.
4.2 We may disclose your personal data to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer.
4.3 We may disclose your personal data to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
4.4 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
5. DATA SECURITY
5.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
5.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6. RETENTION OF YOUR PERSONAL DATA
6.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
6.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
6.3 By law we have to keep basic information about our customers for six years after they cease being customers for tax purposes.
6.4 In some circumstances you can ask us to delete your personal data (see paragraph 7 below for further details).
6.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. YOUR LEGAL RIGHTS
7.1 You have a right to:
7.1.1 request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
7.1.2 request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
7.1.3 request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it and to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
7.1.4 object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
7.1.5 request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; and
7.1.6 request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
7.2 You also have the right to report any breaches of your data protection rights to the Information Commissioner’s Office (www.ico.org.uk).
7.3 If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org.
7.4 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
7.5 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to any request received by you to speed up our response.
8. EXTERNAL LINKS
The Site 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 these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.