Data Protection Policy
Seamus Freeman Motors Ltd is committed to processing data in accordance with its responsibilities under the GDPR (General Data Protection Regulation). The General Data Protection Regulation (EU) 2016/679 ("GDPR") is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas
Article 5 of the GDPR requires that personal data shall be:
a. processed lawfully, fairly and in a transparent manner in relation to individuals;
b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals;
f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”
a. This policy applies to all personal data processed by Seamus Freeman Motors Ltd.
3. Lawful, fair and transparent processing
a. To ensure its processing of data is lawful, fair and transparent, Seamus Freeman Motors Ltd shall maintain a Register of Systems.
b. The Register of Systems shall be reviewed at least annually.
c. Individuals have the right to access their personal data and any such requests made to Seamus Freeman Motors Ltd shall be dealt with in a timely manner.
a. All data processed by Seamus Freeman Motors Ltd must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests.
b. Seamus Freeman Motors Ltd shall note the appropriate lawful basis in the Register of Systems.
c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Seamus Freeman Motors Ltd systems.
a. Seamus Freeman Motors Ltd shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
a. Seamus Freeman Motors Ltd shall take reasonable steps to ensure personal data is accurate.
7. Archiving / Removal
a. To ensure that personal data is kept for no longer than necessary, Seamus Freeman Motors Ltd shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
b. The archiving policy shall consider what data should/must be retained, for how long, and why.
a. Seamus Freeman Motors Ltd shall ensure that personal data is stored securely using modern software that is kept-up-to-date. All paper forms holding personal information will be stored in secure/locked cabinets/drawers/rooms.
b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.
c. When personal data is deleted this should be done safely such that the data is irrecoverable.
d. Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, Seamus Freeman Motors Ltd shall promptly assess the risk to people’s rights and freedoms.
END OF POLICY
1. INTRODUCTION AND GENERAL TERMS
We require and use your information in order to fulfil and deliver services associated to your vehicle and its maintenance. As a business we sometimes communicate product information, offers and services; however, we will only do this if you have already given us the appropriate permission.
We will not send you unsolicited ‘junk’ email or communications or share your data with anyone else. We do not sell your information to third parties, but we do work with closely selected partners who help us to provide you with the information, products and services that you request from us.
2. WHAT INFORMATION WILL FREEMAN MOTORS LTD COLLECT ABOUT ME?
We collect information in the following ways:
Information you give us, about you and your vehicle when you engage with us, or via our websites and applications. We only collect information which is necessary, relevant and adequate for the purpose you are providing it for.
Information we get from your use of our services or service providers. We collect information about you or your vehicle when you use our website and applications. We also obtain information about you or your vehicle from the manufacturer or distributor. Some of this information does not identify you personally but provides us with information about how you use our services and engage with us (we use this information to improve our services and make them more useful to you).
The information we collect includes some or all of the following:
· Name (including title)
· Address including Eircode
· Phone number
· Date of birth (only where and if strictly necessary)
· Email address
· Vehicle information (including registration number, VIN, service reminders, mileage and warranty-covered repair information)
· The date and time you used our services
· The pages you visited on our website and how long you visited us for
· Your IP address
· The internet browser and devices you are using
· Cookie, Pixels or Beacon information (for more information please see our Cookies policy)
· Details of any transactions between you and us
· Where you engage with us in a business context, we may collect your job title, company contact details (including email addresses), fleet size and company details
· Any information within correspondence you send to us
· CCTV in our premises.
3. HOW WILL WE USE THE INFORMATION COLLECTED ABOUT YOU?
We will only process information that is necessary for the purpose for which it has been collected. If you do not provide us with the information we require, relevant and appropriate to the reason for which we request it, this may prevent you from fully availing of our services. We may use the personal data we gather for any or all of the following purposes:
Lawful Basis for Processing
Purchasing a Vehicle or Part – Customer Administration
When a customer orders a vehicle or motor part from us, information is collected by us for the fulfilment of warranties and services associated to the purchase of the vehicle or parts/accessories.
The processing is necessary for the performance of a contract to which the customer is party.
Booking Vehicle Service
When a customer books a vehicle service, information is collected by us for the fulfilment of warranties associated to the service provided and logged as part of the service history of the vehicle.
The processing is necessary for the performance of a contract to which the customer is party.
Requesting a Quote/ Requesting a brochure
When a customer visits our website and requests a brochure or a quote for a specific vehicle, or when booking a test drive, essential identification and contact details are collected in order to deliver the requested material.
The processing is in our legitimate interests in developing business leads with potential customers.
When a customer visits our website and registers interest in any of our products, essential identification and contact details are collected in order to provide the information over time and, where and if applicable, those details may be sent to the relevant dealer for follow up.
The customer has given explicit consent to the processing.
Purchasing products via our website
When a customer orders a product via our website some information (billing and delivery details) is collected. Payment details are gathered and processed by a third party who encrypts and stores the data within their servers without sharing that data with us. (i.e. Stripe, enables payments via credit/debit card for online transactions)
The processing is necessary for the performance of a contract to which the customer is party.
We operate a CCTV system on our premises to protect the safety and security of our staff, visitors and property.
The processing is in our legitimate interests as a private company regarding safety and security.
Safety Incidents / Product recall
We may use your personal data to contact you regarding an urgent safety measure and / or a product recall.
The processing is necessary for compliance with a legal obligation to which the controller is subject.
For data subjects who are Employees of the Company, we may use your personal data during our operations such as for human resources, payroll purposes business continuity and health & safety.
The processing is in our legitimate interests as a private company as well as to fulfil legal requirements in connection to Employment and Industry.
4. HOW LONG WILL YOU KEEP MY PERSONAL INFORMATION?
When we collect your personal information, the length of time we retain it is determined by a number of factors including the purpose for which we use that information and our obligations under other laws.
We do not retain personal information in an identifiable format for longer than is necessary.
We may need your information to establish, bring or defend legal claims. In these cases, we will always retain your personal information for 7 years after the date of the contract with us.
The only exceptions to this are where the law requires us to hold your personal information for a longer period, or delete it sooner;
You exercise your right to have the information erased and we do not need to hold it in connection with any of the reasons permitted or required under the law.
5. HOW DO YOU SHARE MY INFORMATION?
We may, where applicable and if relevant, disclose your information to companies or organisations to which we pass the responsibility to handle services on our behalf such as our accountants, IT Service provider, lawyers and other business advisors, direct marketing communications.
We ensure that any third-party partners who handle your information comply with data protection legislation and protect your information just as we do.
We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your information or use aggregated none specific data sets where ever possible.
Your data will not be passed to any third-party for their own independent marketing purposes. If there are any instances where your information is processed or stored outside of the EU, we will ensure that appropriate safeguards are in place for that transfer and storage as required by applicable law.
6. WHAT ARE MY RIGHTS?
You have a number of rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within one month after we have received any request.
a) Right of confirmation
You have the right to obtain from the controller the confirmation as to whether or not personal data which concerns you is being processed. Should you wish to avail of this right of confirmation, you may, at any time, contact our Data Protection Compliance Officer (DPCO).
b) Right of access
You have the right to obtain from the controller free information about your personal data stored at any time and a copy of such information. Should you wish to avail of this right of access, you may, at any time, contact our Data Protection Compliance Officer (DPCO).
c) Right to rectification
You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data which concerns you.
Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Should you wish to exercise this right to rectification, you may, at any time, contact our Data Protection Compliance Officer (DPCO).
d) Right to erasure (Right to be forgotten)
You have the right to request from the controller the erasure of personal data which concerns you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
· The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
· The customer withdraws consent to which the processing is based and where there is no other legal ground for the processing.
· The customer objects to the processing and there are no overriding legitimate grounds for the processing.
· The personal data has been unlawfully processed
· The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
If one of the aforesaid reasons applies, and you wish to request the erasure of personal data stored by us, you may, at any time, contact our Data Protection Compliance Officer (DPCO), who shall promptly ensure that the erasure request is complied with immediately.
e) Right of restriction of processing
You have the right to request from the controller restriction of processing where one of the following applies:
· The accuracy of the personal data is contested by the customer, for a period enabling the controller to verify the accuracy of the personal data.
· The processing is unlawful and the customer opposes the erasure of the personal data and requests instead the restriction of their use instead.
· The controller no longer needs the personal data for the purposes of the processing, but they are required by the customer for the establishment, exercise or defence of legal claims.
· The customer has objected to processing, pending the verification whether the legitimate grounds of the controller override those of the customer.
If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by us, you may at any time contact our Data Protection Compliance Officer (DPCO), who will arrange the restriction of the processing.
f) Right to data portability
You have the right to receive the personal data which concerns you, which was provided to a controller, in a structured, commonly used and machine-readable format. In order to assert the right to data portability, you may at any time contact our Data Protection Compliance Officer (DPCO).
g) Right to object
You have the right to object, on grounds relating to your particular situation, at any time, to processing of personal data which Freeman Motors Ltd shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the customer, or for the establishment, exercise or defence of legal claims.
If we process personal data for direct marketing purposes, you have the right to object at any time to processing of personal data which concerns you for such marketing. This applies to profiling to the extent that it is related to such direct marketing.
If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data which concerns you by us for scientific or historical research purposes, or for statistical purposes, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, you may directly contact our Data Protection Compliance Officer (DPCO)..
h) Right to withdraw data protection consent
You have the right to withdraw your consent to the processing of your personal data at any time. Should you wish to exercise the right to withdraw the consent, you may at any time directly contact our Data Protection Compliance Officer (DPCO).
i) Right to lodge a complaint
We aim to resolve all queries or complaints that you may have. If you have any specific data protection concerns or a complaint, you can contact our Data Protection Compliance officer.
The data protection declaration of us is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR).
Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, among others, the following terms:
· Personal data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). 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, mental, economic, cultural or social identity of that natural person.
· Data subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing (i.e. a customer; an employee [in relation to the company as the employer]).
· Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
· Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
· Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
· Pseudonymisation: Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
· Controller or controller responsible for the processing: Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
· Processor: Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
· Recipient: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
· Third party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
· Consent: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.