PRIVACY POLICY

SmartDrive UK Website Privacy Policy

Last Updated: 25 May 2018

Introduction

Welcome to the SmartDrive System Ltd.’s (“SmartDrive” or “Company”) privacy policy.

SmartDrive respects your privacy and is committed to protecting your personal data. This privacy policy will inform you about how we protect your personal data when you visit our website http://www.smartdrive.net or http://uk.smartdrive.net (individually and collectively, our “Website”), regardless of where you visit it from, and inform you about your privacy rights and how the law protects you. This policy also applies to information submitted to SmartDrive at trade shows and other events, via phone calls, as well as information included on any form that references this policy.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how SmartDrive collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, through mobile and desktop applications you download from this Website, if available, which provide dedicated non-browser-based interaction between you and this Website, when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy, and in email, text, and other electronic messages between you and this Website.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy 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 policy supplements the other notices and is not intended to override them.

Controller

SmartDrive Systems Ltd. is the data controller and responsible for this website and your personal data.

SmartDrive is made up of different legal entities. This privacy policy is issued on behalf of the SmartDrive Group so when we mention “Company”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the SmartDrive Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Contact details

Our contact details are:
Full name of legal entity: SmartDrive Systems Ltd.
Email address: DPO@smartdrive.net
Postal address: Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, HP2 4TZ, UK
Telephone number: 01442 345180

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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

The data protection law in the UK changed on 25 May 2018. Although this privacy policy sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until May 2018 as we are still working towards getting our systems ready for some of these changes.

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.

Third-party links

This website 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 policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes 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 this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also 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 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.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. If you are a customer, collection of personal data, including Special Categories of Personal Data, is governed by your current contract with SmartDrive.

If you fail to provide personal data

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. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
    • apply for our products or services;
    • create an account on our website;
    • subscribe to our service or publications;
    • request marketing to be sent to you;
    • enter a competition, promotion or survey; or
    • give us some feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see section 11 – Cookies below.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:
      • (a) analytics providers such as Google based outside the EU;
      • (b) advertising networks; and
      • (c) search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from data brokers or aggregators.
  • Identity and Contact Data from publicly availably sources.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • 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.
  • Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at dpo@smartdrive.net or visiting our subscription centre to update your preferences.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please email dpo@smartdrive.net if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer (a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You may 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 entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party outside the SmartDrive group of companies for marketing purposes.

Opting out

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, by visiting our subscription centre, or by emailing dpo@smartdrive.net.

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/service purchase, warranty registration, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For detailed information about the cookies we use, please see below.

Change of purpose

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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please email dpo@smartdrive.net.

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.

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.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal third parties as set out in the Glossary.
  • External third parties as set out in the Glossary.
  • 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 policy.
  • 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.

6. International transfers

We share your personal data within the SmartDrive Group. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, 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 European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please email dpo@smartdrive.net if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

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.

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.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, 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.

By law for tax purposes we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 6 (six) years after they cease being customers.

In some circumstances you can ask us to delete your data: see Request erasure in the Your legal rights section below for further information.

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.

9. Your legal rights

Under certain circumstances, you have legal rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out above, please email dpo@smartdrive.net.

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 data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

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 of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

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 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.

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.

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.

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.

No fee usually required

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.

What we may need from you

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 your request to speed up our response.

Time limit to respond

We try 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.

10. Glossary for Privacy Policy

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by emailing dpo@smartdrive.net.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the SmartDrive Group may act as joint controllers or processors and who are based in the EU, UK and the USA and provide IT and system administration services and undertake leadership reporting.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.

External Third Parties

  • Service providers and Contractors acting as processors who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based who require reporting of processing activities in certain circumstances.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at dpo@smartdrive.net.

11. Cookies

We use cookies on our website

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. By continuing to browse the site, you are agreeing to our use of cookies.

What are cookies and how can you control them?

Cookies are small text files comprised of letters and numbers that are created and stored on your browser or the hard drive of your computer when you visit a website. Cookies enable the website to work properly and remember who you are on that website. Most internet browsers accept cookies automatically. However, you can accept, delete, or disable all or some cookies by activating the cookies setting on your browser. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of our site.

To control your cookies, you can use your internet browser’s ‘Help’ menu. To learn more about cookies, you can visit http://www.allaboutcookies.org/ and http://www.youronlinechoices.com/uk/five-top-tips.

Why do we use cookies?

We use cookies on our websites to:

    • To recognise and remember new visitors to our web sites.
    • To recognise and remember past customers so that the information can be passed from page to page to collect website statistics and you can be recognised during your next visit.
    • To store your password if you are registered on our site.
    • To improve our website and the services we offer.
    • To serve you with interest-based advertising.
    • To observe your behaviours and browsing activities over time across multiple websites or other platforms.
    • To better understand the interests of our website visitors, including existing and prospective customers.

In addition, there are several third parties who also use cookies on our websites.

We use specific cookies

We use several types of cookies:

Essential site cookie: ASP.NET_SessionID: This cookie collects anonymous information which is used to enhance your website visitor experience is set upon arrival to our website. This cookie is deleted when you close your browser.

Google Universal Analytics: _ga, _gid, _gat, _AMP_TOKEN, _gac_<property-id>. These cookies are used to distinguish users, improve website performance via throttling the request rate, use a token that can to retrieve a Client ID from AMP Client ID service or indicate opt-out, inflight request, or an error retrieving a Client ID from AMP Client ID service, and contains campaign related information for the user. In addition, if you have linked your Google Analytics and AdWords accounts, AdWords website conversion tags will read this cookie unless you opt-out. For more information about these cookies, you can visit Google Analytics, www.google.com/policies/privacy/partners, and learn more.

HubSpot:__hstc, hubspotutk, __hssc, __hssrc, __hs_opt_out, __hs_do_not_track, __hs_testcookie, hsPagesViewedThisSession, messagesUtk. These cookies are used for marketing purposes to track your visits to our website, including time and date stamps, your identity as a website visitor for form submission and de-duplication of contacts; track your browser sessions; whether you restarted your browser, your preferences for the opt-in privacy policy to remember not to ask you to accept cookies again and to provide the choice to opt out of cookies, recognising you as a visitor and your conversation history when chatting with you via the messages tool here. For more information you can visit HubSpot.

Google Advertising: Cookies, such as NID, SID, IDE, DSID, FLC, AID, TAID, exchange_uid, ‘__gads’ or ‘__gac’, ‘Conversion,’ DoubleClick, Google Analytics, ‘AID,‘ ‘DSID,’ and ‘TAID are used to make advertising more engaging to users and more valuable to publishers and advertisers. Some common applications of cookies are to select advertising based on what’s relevant to a user; to improve reporting on campaign performance; personalising ads and to avoid showing ads the user has already seen. If you don’t want the ads you see to be coordinated across your devices, you can opt out of Ads Personalisation using Ads Settings. For information on Google Advertising, please visit Google.

Google Session State Cookies: Websites often collect information about how users interact with a website. This may include the pages users visit most often and whether users get error messages from certain pages. We use these so-called ‘session state cookies’ to help us improve our services, in order to improve our users’ browsing experience. Blocking or deleting these cookies will not render the website unusable. These cookies may also be used to anonymously measure the effectiveness of PPC (pay per click) and affiliate advertising. For example, we use a cookie called ‘recently_watched_video_id_list’ so that YouTube can record the videos most recently watched by a particular browser.

Facebook Advertising/Targeting: These cookies are used if you have a Facebook account, use the Facebook Products, including our website and apps, or visit other websites and apps that use the Facebook Products (including the Like button or other Facebook Technologies). Cookies enable Facebook to offer the Facebook Products to you and to understand the information we receive about you, including information about your use of other websites and apps, whether or not you are registered or logged in. This policy explains how we use cookies and the choices you have. Except as otherwise stated in this policy, the Data Policy will apply to our processing of the data we collect via cookies.” For information on Facebook advertising and targeting, please visit Facebook.

Please note that in addition to the cookies listed above, which may change as technologies advance, there are other third parties, such as advertising networks and providers of external services like web traffic analysis services) who may also use cookies and over which we have no control. These cookies are likely to be analytical performance cookies or targeting cookies.

Furthermore, we may collect information about your computer, including your IP address, operating system and browser type, for system administration and to collect and aggregate information for us to use. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.