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Newmarket Motors Ltd.
Privacy
Notice
In Accordance with the General Data Protection Act (GDPR)
Table of Contents
2.How do we
collect information?
.
3
3.What do we use information for?.
4
To enable us to support customers
with sales and other enquiries
.
6
To support us in understanding
customers’ and drivers’ needs
.
6
4.Who do we share information with?.
8
5.What type of information is collected?.
9
6.How long do we retain information?.
10
How long will a request take to
complete?
.
11
Right not to be subject to
Automated Decision Making, including Profiling
.
13
1.
General
Newmarket Motors is committed to protecting all
personal and special categories of data (also referred to as sensitive personal
data) held on you.
Our mission is the managing
of the processes related to the sales of cars, parts and accessories, as well
as servicing and complementary services, such as roadside assistance, we
collect, process and store copious quantities of personal data from our customers
on an ongoing basis.
We also want you to be
clear as to what rights you can invoke to help you to protect your privacy.
In this regard, it is important that you read this Privacy Statement and understand
our use of your personal data.
Please note that we
reserve the right to update this Privacy Statement as required. The most recent
version of this document can be found on our website through the following
link:
http://www.newmarketmotors.ie/gdpr
1.1Company Information
References to “us”, “our”, “dealer”, and “we”
mean
Newmarket Motors, and any
associated companies from time to time.
1.2Legislation
Rest assured that all personal data we gather
will be processed in accordance with all applicable data protection laws and
principles, the EU General Data Protection Regulation 2018 and the Data
Protection Acts 1988 and 2003.
1.3Queries and Complaints
If you are unhappy with the way we have
handled your personal information and wish to complain or if you simply want
further information about the way your personal data will be used, please
contact us by any of the following options:
Annette
Browne
Newmarket
Motors Ltd
Main
Street, Newmarket, Co Cork
029
60100
Annette.browne@newmarketmotors.ie
You have the right to lodge a complaint with
the Office of the Data Protection Commissioner. To contact the Office of the
Data Protection Commissioner, please use the following details:
Data
Protection Commissioner
Canal
House
Station
Road
Portarlington
County
Laois
Telephone:
+353 (0)761 104 8000
Telephone:
+353 (0)57 868 4800
Email:
info@dataprotection.ie
LoCall
Number:
1890 252 231
Fax:
+353 57 868 4757
Please note that we will take all appropriate
steps to keep your personal data safe. In the unlikely event that we have a
security breach, we will notify you without undue delay about the circumstances
of the incident in accordance with our legal obligations.
2.
How do we collect information?
We collect personal data to provide our
services to you. This data may be collected directly by our staff, our website,
any applications used by us, or indirectly through a third-party service
provider on our behalf.
The personal data we collect will be gathered
and stored as set out in this Privacy Statement. This will be done directly by
our Sales, Administration, Service, Parts and Technical staff. The categories
of personal data that we gather are listed in Section 5 ‘Data Collected’ below.
We gather personal data, to market and sell
our products and services, servicing facilities to you, our customer.
3.
What do we use information for?
We mainly use your personal information so that we
can provide you with quality car sales and services together with finance and
leasing services’ options when requested by you.
We will always give you the
option not to receive marketing communications from us. We will never send you
unsolicited ‘junk’ email or communications, or share your data with anyone else
who might. We do not sell your information to third parties, but we do work
closely with selected partners who help us to provide you with the information,
products and services that you request from us. For example, the AA who provide
roadside assistance on our behalf.
However, more specifically, we may use the personal
data we gather for any or all the following purposes):
Process | Description | Lawful Basis for Processing |
Purchasing
a Vehicle or Part / Booking Vehicle Service
| When a customer books a vehicle service, and / or
orders a vehicle or motor part from us, we obtain and enter the relevant
personal data into our Dealer Management System (DMS).
These details are not directly stored by us – but
order reference number is maintained on the DMS.
| The processing is necessary for the performance
of a contract to which the data subject is party.
|
Car
Financing / Leasing
| We assist customers in obtaining car financing
and / or leasing from a variety of third parties such as Volkswagen Bank,
First Auto, Close Brothers, and Permanent TSB. Others may be added if necessary.
| The processing is necessary in order to take
steps at the request of the data subject prior to entering into a contract to
which the data subject is party.
|
Marketing
to Potential Customers
| Information is collected by our Sales, Service
and/or Marketing staff when any customer, or potential customer, contacts the
dealership.
We record this data in our Customer Relationship
Management System and/ or DMS and use the data to market to you.
This data is then sent to third party service
providers such as Dealer Marketing and Poppula.
| Where
you are a potential customer:
The data subject has given explicit consent to
the processing.
Where
you are a customer:
The data subject has given explicit consent to
the processing.
|
Customer
Satisfaction Survey
| We send out customer satisfaction surveys based
on the personal data which is extracted nightly from our DMS.
This includes customers and potential customers
who are inputted into CRM System/DMS.
Additionally, all individuals who interact with
us can be surveyed on their experience with us.
| Where
you are a potential customer:
The data subject has given explicit consent to the processing. Where
you are a customer:
The
processing is in our legitimate interests to ensure the quality of services
provided by our staff.
|
Quality
Improvement / Staff Training
| All phone-calls, written communications and
related details stored on our internal server.
Similarly, all communications / queries received
through our Web Site are kept on our server.
These communications are stored for both quality
improvement and staff training purposes.
| The processing is in our legitimate interests in
providing a high standard of services to our customers, by assessing the
ongoing development and identifying areas for improvement.
|
CCTV | We operate a CCTV system on our premises to
protect the safety and security of our staff and property.
| The processing is in our legitimate interests as
a private company regarding Safety and Security.
|
Anti-Money
Laundering
| We use your personal data to comply with
anti-money laundering regulations.
In the event of a customer wishing to pay us with
personal funds more than €10,000, a regulatory form must be completed
containing personal data.
| The processing is necessary for compliance with a
legal obligation to which the controller is subject.
|
Change
of Ownership Documentation
| We process change of ownership documentation
(i.e. vehicle registration certificates) for customers through the Revenue
Online Service.
| The processing is necessary in order to take
steps at the request of the data subject prior to entering into a contract to
which the data subject is party.
|
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.
|
Staff
Data
| For data subjects who are Employees of the
dealership, we may use your personal data during our operations such as for
human resources and payroll purposes.
| The processing is in our legitimate interests as
a private company as well as necessary for compliance with a legal obligation
to which the controller is subject.
|
We may also process your data for other
purposes in line with our data protection policies
To enable us to
support customers with sales and other enquiries
1.To
respond to correspondence you send to us and fulfil the requests you make to us
(for example: test drives, service requests, brochure requests or information
about specific vehicles);
2.To
provide vehicle support and services (for example warranty services);
To
support us in understanding customers’ and drivers’ needs
1.
To analyse, evaluate and improve our products and
services so that your visit and use of our website, applications, customer
service centre and authorised repairer network are more useful and enjoyable
(we will generally use data amalgamated from many people so that it doesn’t
identify you personally);
2.
To undertake market analysis and research (including
contacting you with customer surveys) so that we can better understand you as a
customer and provide tailored offers, products and services that we think you
will be interested in. We will only send marketing communications to you if you
have provided your consent for us to do so or which we have obtained in the
ways mentioned in the paragraph above;
1.In
some cases, we may use automated methods to analyse, combine and evaluate
information that you have provided to us (including the sharing of your
personal information with the manufacturer. We collect and analyse this
information in this way so that we can deliver the most appropriate customer
experience to you by tailoring and making relevant all our service and
communications (for example, when your mileage suggests your vehicle is due for
a service);
1.
To send you marketing information from time to time
after you have purchased a product or service from us or made a purchasing enquiry,
closed your browser with items in your shopping basket or requested a test
drive, brochure or other information of interest. We will only contact you with
information about our own products and services (and in ways the law allows),
which we hope you will like. You have the right to object to us sending you
this information at any time;
2.
To contact you from time to time with marketing
information (unless you object) if you have expressly indicated to us that you
are acting on behalf of a business or where we have obtained your business
contact details from our authorised repairer network or an online or public
business directory
. In relation to any such information we send
3.
by email or SMS, we will include an option allowing
you to object to receiving future messages by unsubscribing;
4.
To contact you
with targeted advertising delivered online through social media and other
platforms operated by other companies, unless you object. You may receive
advertising based on information about you that we have provided to the
platform or because, at our request, the platform has identified you as having
similar attributes to the individuals whose details it has received from us. To
find out more, please refer to the information provided in the help pages of the
social media and other platforms on
which you receive advertising from us;
5.
To identify and record when you have received, opened
or engaged with our website or electronic communications;
6.
To administer competitions and promotions that you
enter with us from time to time and to distribute prizes.
1.
To verify the accuracy of information that we hold
about you and create a better understanding of you as a customer;
2.
For network and information security purposes i.e. for
us to take steps to protect your information against loss, damage, theft or
unauthorised access;
3.
To comply with a request from you regarding the
exercise of your rights (for example where you have asked us not to contact you
for marketing purposes, we will keep a record of this on our suppression lists
to be able to comply with your request);
4.
To inform you of updates to our terms and conditions
and policies.
We may
process your personal information to comply with our legal requirements (for
example to register your car with the (Driver and Vehicle Licensing Agency).
If you do not provide us with all the
information we require, the resulting action may be that we are not able to
fully offer you our services.
Furthermore, some services provided by us require
certain categories of information, without which, we may not be able to provide
you with the service.
4.
Who
do we share information with?
There are various circumstances where we may share
personal data with other parties. Generally, this includes your representatives
and our representatives, and some pre-advised third parties.
We do not sell your information to third
parties. However, we may from time to time disclose your information to the
following categories of companies or organisations to which we pass the
responsibility to handle services on our behalf:
·
Roadside assistance service providers
·
Customer contact centres
·
Mobility and car hire providers
·
Direct marketing communications agencies and
consultants
·
Market research and market analytics service providers
·
Legal and other professional advisors
We take steps to 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.
Sharing within Volkswagen
There are circumstances where we share your
information with the manufacturer (or other companies within our Group) to
fulfil orders, transactions, handle complaints or provide you with a service or
information that you have requested.
Due to the international nature of our
business, there may be some instances where your information is processed or
stored outside of the EU. In those instances, we will ensure that appropriate
safeguards are in place for that transfer and storage as required by applicable
law.
Your representatives:
Any party you have given us permission to speak to
(such as a relative or friend), your motor insurance company and other people or
companies associated with you;
Our representatives:
Our employees and employees within
our Dealership, VWGI, and contractors including companies that provide
services in relation to telecommunications and postage, data storage, document
production and destruction, IT and IT security, customer loyalty programmes.
Other third parties:
Other motor insurance companies, external advisors
(such as solicitors and accountants) and auditors, other VW Group companies,
third parties with which we may choose to improve our processes, products or
services or to investigate the possibility of new processes, products or
services and prospective sellers or buyers if we decide to sell or buy any
business or assets; and
State
or government departments, bodies or agencies.
The
State department (i.e. The Irish Revenue) for the notification of
change-of-ownership for a used vehicle, and/or transfer of leasing commitments.
The Regulatory Authority, (i.e. the Financial regulator) for Anti-money
laundering compliance.
Please feel free to contact us (details in Section
1 'General' above) if you would like more details about the parties with whom
we share your information.
Where we choose to have certain services provided
by carefully selected third parties, we take precautions regarding the
practices employed by the service provider to ensure your personal data is
stored and processed legally and securely. We stipulate that such third parties
shall have made every possible effort to achieve a state of readiness for GDPR.
We operate as a Data Processor for our partner, VWGI,
and as Data Controller, for our non-Volkswagen business operations. We will use
every effort to protect your personal data and we will not sell your personal
information to any third-party companies.
5.
What
type of information is collected?
As a car dealership we need to collect many
categories of personal data (about you and other parties) for the purposes set
out in this Privacy Notice.
While the type of personal data may change
occasionally, we believe it is important you are aware of the types of personal
data we gather and use. The following table is a non-exhaustive list and
provides an indication of the categories and types of personal data we use to
perform our duties.
Please note that information listed under one
category may be used for the performance of a task or in relation to activities
under another heading or as outlined under Section 3.
Purpose | Type
of Data
|
Sales of Products / Services | Name, Contact Details, Occupation, Car Details,
Lease Operator Information, Bank Details, Service History, Gender
|
Customer Care | Name, Contact Details, Car Details, Phone Calls |
Finance | Detailed Financial Information |
Marketing | Name, Contact Details, Occupation, Car Details,
Gender, Service History
|
Security | CCTV Footage |
6.
How
long do we retain information?
We have a comprehensive record retention schedule.
The retention periods differ depending on the purpose of the processing and the
nature of the information. How long we keep data is primarily determined by how
long we need it for the purposes we told you we were going to use it for, time
periods set out in law and the period we need to keep it to defend ourselves
against legal action.
Generally, we keep information for the
periods set out in the table below:
Type
of Information
| Retention
Period
|
Name and Contact Details | 5 Years typically |
Vehicle Details | Requirement to keep history |
Finance Applications | 3 Months |
Service and Repair History | Requirement to keep history |
CCTV Footage – ADA and Netwatch | 3 weeks |
However, in some cases we may need to keep personal
data longer than the above periods. Examples of these situations include legal
cases and system back-ups required for disaster recovery.
We also retain certain limited details beyond the
above time periods to validate and handle any motor insurance claims we receive
after the statute of limitations has expired (late claims) and any claims we
receive where the claimant was not aware of the injuries until a long time
after they were caused (latent claims).
After the periods set out above, we will anonymise
or delete the personal data. Anonymization means that we will delete certain
aspects of the information we hold (such as name and street address) so that we
can no longer determine who the data relates to.
Please feel free to contact us if you would like
more information about data retention periods.
7.
What
are your rights?
As a data subject, you will have the following
rights, as outlined in this section. However, restrictions may apply in certain
situations
Where
do I send requests?
Please send all your requests to the contact
details provided in Section 1, with as much detail as possible about your
requirements to allow us to deal with your request efficiently. To answer your
request, we may ask you to provide identification for verification purposes.
How
long will a request take to complete?
Upon receipt of a request, we will have 30 days to
provide a response, with an extension of two further months if required. If we
require more time to deal with your request, we will notify you of the delay,
and the factors resulting in the delay, within 30 days of the receipt of the
request. If we refuse your request, we will notify you within 30 days of the
receipt of the request accompanied by the reason for refusal.
We will not charge a fee for any requests, provided
we do not consider them to be unjustified or excessive. If we do consider these
to be unjustified or excessive, we may charge a reasonable fee (also applicable
for multiple copies) or refuse the request.
You are entitled to contact the Office of the Data
Protection Commissioner if we refuse your request.
Right
of Access
You have a right to know what personal data we hold
on you, why we hold the data, and how we are processing the data.
When submitting your request, please provide us
with information to help us verify your identity Driving License or Passport
and as much detail as possible to help us identify the information you wish to
access (i.e. date range, subject of the request).
Please note that an access request is free of
charge, however, where we determine a request to be unjustified or excessive,
we may charge you a reasonable fee.
Right
to Rectification
You have a right to request that the personal data
held in relation to you is up to date and accurate.
Where information is inaccurate or incomplete, we
encourage you to contact us to have this information rectified. Upon receipt of
request, we will ensure that the personal data is rectified and as up to date
as is reasonably possible.
Right
to be Forgotten
You have the right to seek the erasure of personal
data relating to you in the following circumstances:
·
The personal data is no
longer required for the purposes for which is was obtained.
·
Where data is being
processed on the basis of consent, you withdraw consent to the processing and
no other lawful basis exists.
·
The personal data is being
unlawfully processed.
·
You object to the
processing of personal data and there are no overriding legitimate grounds for
the processing.
·
Your personal data requires
deletion in line with legal requirements.
However, we will be unable to fulfil an erasure
request if the processing of personal data is necessary for the following:
Please be aware that in certain circumstances we
may need to retain some information to ensure your preferences are respected in
the completion of our duties. For example, we cannot erase all information
about you where you have also asked us not to send you marketing material.
Otherwise, your preference not to receive marketing material would be erased.
Right
to Restriction
You have the right to restrict the extent of
personal data processed by us in circumstances where:
·
You believe the personal
data is not accurate (restriction period will exist until we update your
information).
·
The processing of the
personal data is unlawful but you wish to restrict the processing of data
rather than erase it.
·
Where the personal data is
no longer required by us but you require the retention of the data for the
establishment, exercise, or defence of a legal claim.
·
You have a pending
objection to the processing of your personal data.
When processing is restricted, your personal data
will only be processed: with your consent; for the establishment, exercise or
defence of legal claims; for the protection of the rights of other people; or
for reasons important to public interest.
We will contact you confirm where the request for
restriction is fulfilled and will only lift the restriction after we have
informed you that we are doing so.
Right
to Data Portability
You have the right to the provision of all personal
data held in relation to you in a structured, commonly used and
machine-readable format where:
·
Processing is completed on
the basis of a contract.
·
Processing is completed
based on the provision of your consent.
·
Processing is carried out
by fully automated means.
You may also request that we send this personal
data to another data controller where technically feasible.
Right
to Object
You
have the right to object to the processing of your personal data. However, the
processing must have been undertaken on the basis of legitimate interest by us.
If you
wish to object to the processing of data, please contact us with your request.
We will then stop the processing of personal data unless it is required for
legal proceedings.
Right
not to be subject to Automated Decision Making, including Profiling
You have a right not to be subject to a decision
based solely on automated processing or profiling, where such decisions would
have a legal effect or significant impact on you.
Occasionally we use profiling.
Where we (or one of our third-party
processors) use profiling, which produces legal effects for you or otherwise
significantly affects you, you will have the right to object to such
processing.