Privacy Policy

Halliwell Jones Deva Ltd
Company number: 13917978
Knutsford Road
Chester
CH1 4NS

and any holding company or subsidiary of such companies. Any reference to the “Company”, “we” or “us” refers to this group of companies – or where intended to identify the data controller of any personal data, will refer to the group company to whom you provided your information, which will be made clear on any sales paperwork, website sign-up form or other documentation.

The Company and personal data: we are committed to lawful, fair and transparent processing of all personal data about our employees, customers, suppliers and other third parties during the course of our business activities. We will always comply with any applicable data protection legislation and we will ensure that collection and use of personal data is carried out in accordance with applicable data protection laws. The main laws governing data protection in the UK are:

a) the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); and

b) “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018; (collectively referred to herein as “GDPR”).

What this policy is: This policy (and any other documents referred to in it, together with any privacy notice displayed on our website) sets out the basis on which we will process any personal data about you or individuals generally - whether it’s information we collect from those individuals or that is provided to us from other sources. This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer or store personal data.

Registration: While the GDPR requires us to be registered with the Information Commissioner’s Office, we will remain registered. We will also comply with any successor notification requirements.

Controlling and processing information: We are the controller of all personal data used in our business for our own commercial purposes. Sometimes though, we will process personal data on behalf of another data controller – and when this is the case, we will do so only in accordance with the instructions of that data controller and otherwise in accordance with the GDPR.

Why you should read this policy: It is important that you read this policy, together with any other documents referred to in it, so that you are aware of how any personal data relating to you will be dealt with by us.

DATA PROTECTION PRINCIPLES

We are accountable for demonstrating compliance with the GDPR’s six principles of processing personal data. These provide that personal data we deal with must be:

a) processed fairly, lawfully and in a transparent manner;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
c) adequate, relevant and limited to what is necessary;
d) accurate and, where necessary, kept up to date;
e) not kept for longer than necessary; and
f) processed securely, maintaining integrity and confidentiality.

SOME BASIC DEFINITIONS WE USE IN THIS POLICY

Personal data: In this policy, when we use the term “personal data” we mean any information relating to an identified or identifiable natural person. (An “identifiable natural person” is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, biometric, mental, economic, cultural or social identity of that person).

Sensitive personal information: In this policy, when we use the term “sensitive personal information” we mean special categories of information which are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying someone, data concerning health or data concerning a someone’s sex life or sexual orientation.

THE KIND OF PERSONAL INFORMATION WE HOLD ABOUT YOU

We may collect, record, organise, structure, store, adapt, alter,

retrieve, consult, use, disclose by transmission, disseminate or

otherwise make available, align or combine, restrict, erase or destroy

the following types of personal data about you:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Job title and place of work
• Demographic information such as your postcode
• Information relevant to customer surveys and/or offers and services
• Date of birth
• Gender
• Marital status and dependants
• Bank account and debit/credit card details
• Information about your use of our information and communications systems
• Photographs.
• Details of transactions you carry out through our website or by other means, the fulfilment of your instructions and any subsequent communications with you about any of these.
• Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own administrative purposes or otherwise and the resources that you access.
• We may record telephone conversations for training and security purposes. You will be notified if recording is taking place at the commencement of any call.
  Closed circuit television recordings within our premises for safety and security purposes.

We may also collect, store and use the following sensitive personal information:

• Information about any medical condition that is reportable to the DVLA and is therefore required to be declared prior to any test drive and receipt of loan vehicles
• Information about health, including any medical condition, where we enter into discussions about sales of specially-enabled vehicles for disabled customers

HOW IS YOUR PERSONAL DATA COLLECTED?

In the course of our business, we may collect personal data directly from an individual:

• when you provide information in relation to the purchase of goods, or in relation to services we might provide to you;
• when you submit an enquiry about our goods or services;
• when you sign up to our mailing list; and
• when you provide personal data directly to members of our team.

We may also collect personal data about individuals from other sources such as:

• information provided to us by marketing agencies; and
• information provided to us by referrers.

We will only collect personal data to the extent that it is required for the specific purpose notified to individuals about whom we are collecting it - and we will keep it only as long as is necessary.

HOW WE WILL USE PERSONAL DATA

We will only use personal data when the law allows us to do so and relying on a relevant basis for lawful processing in each instance. We will use your personal data in the following circumstances, relying on the basis of processing indicated:

Basis of processing: Where we need to perform a contract we are about to enter into or have entered into with you.

• To provide you with information, products or services that you request from us (contact details).
• To carry out our obligations arising from any contracts entered into between you and us (contact details, payment information and any information relating to personalisation or relationship status).

Basis of processing: Where it is necessary for our legitimate interests (or those of a third party, such as any finance house or manufacturer on whose behalf we are processing data) and we have undertaken an assessment to determine that processing for those interests (listed below) does not outweigh your interests and fundamental rights, considering the nature and impact of the processing and any relevant safeguards we can put in place.

• To ensure that content from our website is presented in the most effective manner for you and for your computer (online identifiers, location data and other technical information).
• To provide you with information, products or services that we feel may interest you, (where you have consented to be contacted for such purposes to the extent consent is required by law) (contact details and any information relating to personalisation preferences or relationship status).
• To allow you to participate in interactive features of our service, when you choose to do so (online identifiers, location data and other technical information).
• To notify you about changes to our service (contact details).
• To maintain a basic amount of information about you and your transaction history, in order to provide you with a service tailored to your preferences (contact details, payment history and any information relating to personalisation or relationship status).

Basis of processing: Where we need to comply with a legal or regulatory obligation.

• To retain basic transaction details for the purpose of tax reporting (contact details and transaction history).
• Any documents which typically arrive with a vehicle when taken into stock may be shown to any potential buyers to ensure the provenance of the vehicle and the V5 may be handed to any new owner. Specifically, the DVLA collect V5 data because it’s the law. Passing on the V5 to the new owner so they can add their details is therefore compatible with the purposes for which the original data was initially collected.

Basis of processing: Where you have consented to the processing.

• To use cookies on our site (see our cookie policy for further information) (online identifiers, location data and other technical information). You have the right to withdraw consent to such use at any time by contacting us but please note that some or all parts of our site may no longer be accessible to you.
• To send you direct marketing communications via email, text message, fax or automated call (contact details). You have the right to withdraw consent to any such use at any time by contacting us.

Other issues about how we use personal data:

• Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please contact our ICO (as defined below) if you need details about the specific legal basis we are relying on to process your personal data – contact details are below.
• 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. Please contact us if you would like further details of any additional purposes of processing. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.
• 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). If this happens, we may have to cancel, or be unable to provide, any goods or services you have requested.
• Please note that we may process your personal data without your knowledge or consent where required or permitted by law.
• We may collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered “personal data” in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your website usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
• If you provide us with any personal data relating to relatives, partners or other individuals it is your duty to make such persons aware that their personal data may be shared with us and to provide them with appropriate information about how their personal data may be processed by us.

DIRECT MARKETING

As indicated above, we may use your personal data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post, email, text or telephone. This is known as direct marketing.

Examples of direct marketing may include:

• sending promotional emails about new products, special offers, customer events or other information which we think you may find useful or interesting using the email address which you have provided;
• contact you for market research purposes (by email, phone, text or mail).

We will only process personal data for the above purposes with your specific consent. You have the right to withdraw this consent at any time. Information about how to withdraw your consent is set out below.

We may also disclose your information to third parties (including associated companies, as this term is explained at the start of this policy), and any marketing agencies or goods manufacturers for the purpose of direct marketing. Again, we will only do this with your explicit consent and you have the right to withdraw this consent at any time. Information about how to withdraw your consent is set out below.

CONSENT

In this Policy, where we need your consent, we will make sure that the consent:

• is specific consent for one or more specified purposes; and

• is given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of your agreement to the relevant processing of personal data.

HOW WE USE SENSITIVE PERSONAL INFORMATION

Protection for sensitive personal information: Processing of sensitive personal information requires higher levels of protection. We may process sensitive personal information about an individual in the following circumstances:

Specific sensitive personal information we process and why we are allowed to do this:

Where an individual has explicitly consented:

• We will process information about an individual’s physical health, or disability status, to provide appropriate adjustments when designing and manufacturing any customised vehicles.

• We will process information about an individual’s physical health, or disability status, in particular any conditions that may be reportable to the DVLA, in order to ensure health and safety when allowing test drives of vehicles or providing vehicles on loan.

AUTOMATED DECISION-MAKING

Automated decision-making takes place when an electronic system uses personal data to make a decision relevant to you without human intervention.

We do not envisage that we will use any automated means to make decisions about you, however we will notify you in writing if this position changes.

DATA SHARING

International transfers of personal data: We may share certain personal data that we hold on individuals living in the UK to a country outside the UK.

Safeguards for international transfers of data: If we use a third party data processor to process personal data on our behalf, we will obtain contractual commitments to safeguard the security of the personal data to ensure that the third party only acts on our instructions when using that personal data and that the third party has in place appropriate technical and organisational security measures to safeguard the personal data.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK Government. Where we use service providers who process personal data outside the UK, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside the UK.

Why we might share your personal data with third parties: We may share personal data we hold with any of our associated companies (which term is described at the start of this policy). We may also disclose personal data we hold to third parties if we are under a duty to disclose or share an individual’s personal data in order to comply with any legal obligation, or in order to enforce or apply any contract with that individual or other agreements; or to protect our rights, property, or safety of our employees, customers or others. This includes exchanging personal data with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We may also share personal data we hold with selected third parties for the purposes set out below.

Third party service providers who may process your personal data: When we use the term “third party”, we mean any entity who is not one of the associated Halliwell Jones companies listed at the start of this policy, including third party service providers and contractors. The following third party service providers may process personal data for the following purposes:

Finance houses	To engage finance houses to finance your purchase or hire of our vehicles
Insurance providers	To arrange insurance on vehicles you may test drive, lease and/or purchase from us
Software providers/IT support	Certain of our IT providers have access to our systems in order to manage and maintain our systems and ensure everything is secure and up to date
Security providers for CCTV and related services	We engage security providers at our premises to protect our customers and staff
Marketing agencies	To manage any promotional communications and/or customer offers on our behalf
Digital advertisers and analytics providers	To analyse usage of our website(s) and the demographic of our customer base in order to ensure we provide appropriate services
Motability	To advise on and process applications relating to any mobility allowance for leasing vehicles suited to your disability
Car park and toll bridge operators	Where we receive, manage and pay fines raised by such persons relating to vehicles in your possession or control

Where we are acting as a data processor on behalf of someone else, we will process your data as they ask us to do so and they will be responsible for deciding how it is used. You will know who that data controller is because they should advise you that we are acting on their behalf. We also share personal data where we have a legal obligation to do so, such as with the DVLA and HMRC.

DATA SECURITY

We will always take appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing (including taking reasonable steps to ensure the reliability of employees who have access to personal data). Our employees may only process personal data in accordance with this privacy policy, and any employee who breaches this privacy policy may be subject to disciplinary action, up to and including dismissal.

We have put in place internal procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

DATA RETENTION

We will not keep personal data in a form which permits identification of individuals for longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. 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 personal data, the purposes for which we process information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We will only keep personal data for as long as is necessary for the purpose or purposes for which that personal data is processed; and we will let anyone about whom we process data know how long that is or the criteria that go into deciding how long that is.

We may sometimes 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.

Our website may, from time to time, contain links to and from the websites of partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or the security of these websites. Please check the relevant policy before you submit any personal data to these websites.

YOUR RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data, as summarised below.

You have the right to:

1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
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.
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. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
4. Object to processing of your personal data where we are relying on a legitimate interest (of our own or of a third party) 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.
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.
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. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at privacy@halliwelljones.co.uk or contact our ICO as detailed below. We aim to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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.

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 for further information in relation to your request to speed up our response.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to your computer or device. We use the following cookies:

• 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 our 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 and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and any advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

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

For more information about the cookies we use, please see: www.halliwelljones.co.uk/cookies

Information Compliance Officer

The person responsible for how the Company deals with personal data, our Information Compliance Officer (“ICO”) is responsible for ensuring compliance with GDPR and with this privacy policy. The post of ICO is held by Glyn Howes, Finance Director, who can be contacted at privacy@halliwelljones.co.uk. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the ICO.

CHANGES TO THIS POLICY

We reserve the right to change this policy at any time. Where appropriate, we will notify individuals of those changes by post or email. Each time you enter or use our website, you agree that the privacy policy current at that time shall apply to all information we hold about you.

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.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to privacy@halliwelljones.co.uk.

You have the right to make a complaint at any time to the Information Commissioner's Office, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioner's Office, so please contact us in the first instance.