Amex Holdings Ltd T/A The Window Factory (“We”) are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We wanted to let you know that because of a new data privacy law that’s being introduced in the UK on 25th May 2018. We will be providing more information about how we collect and use your personal information.
To put your mind at rest, this won’t mean we’re changing the way we collect or use your information. But to help make it easier for you to find out what we do, we’ve created a new ‘Privacy Notice’ which includes details about:
• Your rights relating to the information we hold about you
• How we keep your personal information safe
• The types of personal information we use
• The legal basis we rely on to use your information.
A “data controller” is responsible for deciding how to hold and use personal data. Personal data is information or data from which you can be identified and is about you. Amex Holdings Ltd T/A The Window Factory (“the Company”) is therefore a “data controller” in relation to the personal data that we receive in connection with your instructions for the provision of our services.
We are required under new data protection legislation to notify you of the information contained in this privacy notice and it is important that you understand it. If there is anything in this notice that you do not understand, please speak to our Data Protection Appointed Person who can be contacted via email firstname.lastname@example.org or by telephone on 01256 471000
THE INFORMATION THAT WE HOLD ABOUT YOU
Personal Contact Details: In order that we can provide our services to you, we collect, store and use information categorised as ‘Personal Contact Details’. This includes your name, title, home address, address where products are to be installed (if different), telephone numbers and personal email addresses.
Financial Data: Some of our customers choose to make payment over the phone by providing payment card data. This data is used solely for the purpose of taking the payment authorised by you on that day and once the payment is taken, the payment card data is destroyed. It is NOT stored in ANY form. We do NOT collect, store or use more Sensitive Personal Data or “special categories of data” as it is known under the GDPR. If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, it may delay performance of that contract, or we may be prevented from complying with our legal obligations.
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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
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.
SENSITIVE PERSONAL DATA
The law requires that we need to have further justification for collecting, storing and using Sensitive Personal Data as described above. We do NOT collect Sensitive Personal Data.
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.
We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
We may have to share your personal data with third parties, including our suppliers We will share your personal data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
We may disclose your personal data to:
• service providers under contract with us to support our business operations, such as fraud prevention;
• Our suppliers but only where it is specifically to enable your contract with us to be performed eg, if products are delivered direct to the installation address.
• trade associations of which we are a member eg FENSA;
• law enforcement or government agencies in connection with any investigation to help prevent or detect unlawful activity;
We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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.
Unless you have consented to us retaining your data explicitly;
Your contract with us for the provision of our services, in most cases, comes with a 10 Year warranty, we will retain your personal contact details data for this period from the completion of your installation.
Where you have obtained a quotation from us either via our website, telephone, or in person in one of our showrooms and have not subsequently entered into a contract for the provision or our services, we shall retain your personal data for a period of no longer than 5 Years from the last point at which you communicated with us either by our website, telephone, or in person in one of our stores.
Where we are in ongoing communication with you regarding your quotation, we will retain your data indefinitely.
RESPONSIBILITY FOR DATA PROTECTION
We have appointed a Data Protection Lead to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal data, please contact the Company Secretary, Amex Holdings Ltd, Wildwood Farm, Newnham Lane, Old Basing, RG24 7AT. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.
CHANGES TO THIS PRIVACY NOTICE
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data. The latest version of this privacy notice will always be available on our website.
HOW DO WE COLLECT AND USE YOUR PERSONAL DATA?
Most commonly, we will use your personal data in the following circumstances:
1. To provide you with the information you have requested, such as a quotation.
2. To follow up your specific enquiry or request for a quotation.
3. Where we need to perform the contract we have entered into with you, in connection with the provision of our services.
4. Where we need to comply with a legal obligation.
5. 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 primarily need all the categories of personal data in the list above to enable us to perform our contract with you, provide services to you and to enable us to comply with legal obligations. The situations in which we anticipate we will process your personal data are listed below.
• Making a decision about our services.
• Determining the terms on which we work for you.
• Advising you.
• Administering the contract we have entered into with you.
• Business management and planning, including accounting and auditing.
• Conducting reviews and managing performance.
• Making arrangements for the termination of our working relationship.
• Dealing with legal disputes involving you.
• To prevent fraud.
• To monitor your use of our information and communication systems.
• To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
• any person or agency if we need to share that information to comply with the law or to enforce any agreement we may have with you or to protect the health and safety of any person;
• any person who you have named as a person we can contact to discuss your contract;
• any person who is your agent or representative, such as the holder of a power of attorney, a lettings agency, a legal guardian or person administering a will;
• any person who we are negotiating with as a potential buyer of our business or property or if we are proposing to merge our business with another business;
• credit card associations if specifically required;
If we pass data on to insurers, they may enter your data onto a register of claims which is shared with other insurers to prevent fraudulent claims. If we use an outside party to process your information, we will require them to comply with our instructions in connection with the services they provide for us and not for their own business purposes.
We have put in place a policy and appropriate technical and organisational security measures to protect the security of your information and 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.
We have put in place 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.
Our website contains links to websites and applications owned and operated by other people and businesses. These third-party sites have their own privacy policies and use their own cookies and we recommend that you review them before you provide them with personal information. They will tell you how your personal information is collected and used whilst you are visiting these other websites. We do not accept any responsibility or liability for the content of these sites or the use of your information collected by any of these other sites and you use these other sites at your own risk.
YOUR DATA RIGHTS
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Under certain circumstances, by law you have the right to:
• 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.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• 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 exercised your right to object to processing (see below). However, there may be reasons why we cannot agree a “request to be forgotten” or for data to be erased, such as where we need to retain it for regulatory or other reasons.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.
If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact email@example.com in writing.
Depending on the circumstances, we may request information to confirm your identity before processing your request. We may also charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Company Secretary, Amex Holdings Ltd, Wildwood Farm, Newnham Lane, Old Basing, Hampshire RG24 7AT. Once we have received notification that you have withdrawn your consent, we will no longer process your data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.
Last updated: 03/01/2020