Last revised in 26 May 2018
This Policy sets out the basis on which any personal information 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 information and how we will treat it. By visiting www.phoenixmotorcycle.training (“site“) you are accepting and consenting to the practices described in this Policy.
1. WHO WE ARE AND HOW TO CONTACT US
www.phoenixmotorcycle.training is a site operated by Phoenix Motorcycle Training Ltd. We are a company incorporated and registered in England and Wales with company number 7809943, with registered address at 101 Longhurst Road, Croydon, CR0 7AZ (“we“, “us” or “our“).
This Policy takes effect from and including 25 May 2018, when the new data protection law takes effect across the European Union and applies directly in the UK by way of a domestic legislation (“Data Protection Legislation”).
We are the controller and responsible for controlling your personal information as set out in this Policy.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please e-mail [email protected]
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.
4. INFORMATION WE MAY COLLECT ABOUT YOU
We may collect and process your personal information. For the purpose of the Data Protection Legislation, personal information includes any information about an individual from which that person can be identified. It does not include data where the identity has been removed.
We may collect, and process (within the meaning of the Data Protection Legislation) different kinds of personal information about you which we have grouped together as follows:
- Identity Data: includes first name, last name, username or similar identifier, title, date of birth and gender, job title, and company name.
- Contact Data: includes billing address, home address, e-mail address and telephone numbers.
- Financial Data: includes bank account and payment card details.
- 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 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 the site.
- Profile Data: includes your username and password, your interests, preferences, feedback and survey responses (if applicable).
- Usage Data: includes information about how you use our site, such as the type of content or services that you view; the features that you use; the actions you take; frequency and duration of your activities.
- Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your personal information but is not considered personal information 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 information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Policy.
We do not collect any special categories of personal information 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.
In the event if we need to collect personal information by law and if you fail to provide that data if and when requested, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.
5. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, e-mail or otherwise. This includes personal information you provide when you:
- enquire about the services;
- create an account on our site;
- subscribe to our service, publications or newsletters;
- request direct 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 site, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information 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 our policy on cookies below.
- Third parties or publicly available sources. We do not control, supervise or respond for how long third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such thirds parties. We may receive personal information about you from various third parties and public sources as set out below:
- Technical Data and Usage Data;
- contact, Financial and Transaction Data from providers of technical, payment and delivery services; and
- Identity and Contact Data from publicly availably sources.
6. INFORMATION WE RECEIVE FROM OTHER SOURCES
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
7. USES MADE OF THE INFORMATION
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- to deliver our services to you;
- to develop, test and improve our services;
- to test and troubleshoot out site;
- to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our services and promote safety and security for the users accessing out site;
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
- from time to time, we may also use your information to contact you for market research purposes. We may contact you by e-mail, phone or mail. We may use the information to customise the site according to your interests;
- to notify you about changes to our services of the terms governing the provision of our services; and
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
8. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
Generally, we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via e-mail or text message. You have the right to withdraw consent to marketing at any time by contacting us.
- 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;
- to protect your vital interests or those of others;
- as may be necessary in the public interest; or
- where it is necessary in the interest of our business to enable us to give you the best service 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 information for our legitimate interests. We do not use your personal information 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 contacting us.
9. CHANGE OF PURPOSE
We will only use your personal information and sensitive personal information 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 contact us.
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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
10. DISCLOSURES OF YOUR PERSONAL INFORMATION
We may have to share your personal information with the following parties:
- other companies within our group;
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances;
- law enforcement agencies in connection with any investigation to help prevent unlawful activity;
- any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
- our business partners in accordance with the Marketing section;
- 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 information in the same way as set out in this Policy.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
Please note that if you register on our site, we will, as part of the service, send you periodic newsletters by e-mail, which are not marketing and advertising, but an integral part of our service.
We comply with the direct marketing requirements of the Privacy and Electronic Communications Regulations. When considering marketing directed to children, we take into account their reduced ability to recognise and critically assess the purposes behind processing and the potential consequences of providing their personal information.
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the site, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes; and
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or e-mailing us at [email protected]
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Overall, cookies help us provide you with a better site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
All Cookies used by and on the Site are used in accordance with the Data Protection Legislation. We may use some or all of the following types of Cookie:
Strictly Necessary Cookies
A Cookie falls into this category if it is essential to the operation of the site, supporting functions such as logging in, your shopping basket, and payment transactions.
It is important for us to understand how you use the site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping us to improve the site and your experience of it.
Functionality Cookies enable us to provide additional functions to you on the site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.
It is important for us to know when and how often you visit the site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make the site and advertising more relevant to your interests.
Third Party Cookies
Third party Cookies are not placed by us; instead, they are placed by third parties that provide services to us and/or to you. Third party Cookies may be used by advertising services to serve up tailored advertising to you on the site, or by third parties providing analytics services to us (these Cookies will work in the same way as analytics Cookies described above).
Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit the site.
Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit the site until you close your browser. Session Cookies are deleted when you close your browser.
13. 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 services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted-out of receiving marketing communication.
14. DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;
- advertisers and advertising networks that require the data to select and serve relevant adverts to you and others; or
- analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
- if all or substantially all of our assets are acquired by a third party, in which case personal information held by it about its customers will be one of the transferred assets.
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Website Use or Terms and Conditions of Services; or to protect our rights, property, safety or of our our customers, or others.
15. WHERE WE STORE YOUR PERSONAL INFORMATION
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access and will ensure that any third party receiving your personal data adopts such appropriate measures necessary to safeguard your personal data.
Whenever we transfer your personal information out of the EEA, we ensure a similar degree of protection is afforded to it. We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission.
16. YOUR RIGHTS
You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
You can also exercise the right at any time by contacting us at [email protected]
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Policy. Please check these policies before you submit any personal information to these websites. You should exercise caution and look at the privacy statement applicable to the website in question.
17. INFORMATION SECURITY
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
17.1 Data retention
How long will you use my personal information for?
We will only retain your personal information for as long as necessary to fulfil 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 information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law, we have to keep basic information about our customers (including contact, identity, financial and transactional data) for 6 years after they cease being customers for tax purposes.
In some circumstances we may anonymise your personal information (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.
17.2 Your legal rights
Under certain circumstances, you have rights under the relevant data protection laws in relation to your personal information. Please click on the links below to find out more about these rights:
- right to rectificationif your personal information is incorrect or incomplete any way, you may notify a person dealing with your matter and where inaccurate or incomplete, we will correct it without delay.
- right of access
- you may request a confirmation from us that we are processing your personal information;
- access your personal information held by us and request a copy (unless providing a copy adversely affects the rights and freedoms of others);
- obtain certain information about how we process your personal information, categories of personal information processed, recipients or categories of recipients who receive personal information from us; and
- how long we store your personal information for and the criteria we use to determine retention periods.
- right to be informed
- how your personal information is being process;
- how long it will be stored for;
- the legal basis for processing;
- recipients (or categories of recipients) of your personal information; and
- whether personal information must be provided under statute or for another reason and the consequences of not providing the personal information to ensure the fair and transparent processing of your personal information.
- right to restrict processing under certain circumstances
- if you contest the accuracy of your personal information, we may restrict its processing, until we can verify its accuracy;
- if the processing is unlawful;
- if we no longer need to process your personal information, unless we still need your personal information for the establishment, exercise, or defence of legal claims; and
- if you object to processing that relies on public interest or our (or third party’s) legitimate interest as the lawful processing ground.
- right to data portability
- right to receive from us a copy of your personal information in commonly used and machine-readable format and store it for further use on a private devise; and
- right to transmit personal information to another third party; or have your personal information transmitted directly from one third party to another where technically possible.
- right not to be subject of automated processingright not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you. This does not apply when the automated decision is necessary for entering into or performing a contract with you; or it is authorised by EU or member state law applicable to us if the law requires suitable measures to safeguard your rights and freedoms and legitimate interests; or based on your explicit consent.
- the right to object to processingyou may object to direct marketing, including profiling related to direct marketing. We will stop processing your personal information once notified by you, except if we can demonstrate a compelling legitimate ground for processing the personal information that overrides your request; or processing is necessary to exercise or defend legal claims.
If you wish to exercise any of the rights set out above, please contact [email protected]
17.3 No fee usually required
You will not have to pay a fee to access your personal information (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.
17.4 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 information (or to exercise any of your other rights). This is a security measure to ensure that personal information 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.
17.5 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.
18. DATA RETENTION, ACCOUNT DEACTIVATION AND DELETION
We will not store your personal information for longer than necessary. We will consistently update our records and delete any personal information which:
- is outdated;
- incorrect; or
- whether the grounds for processing have ceased to apply.
This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.
To delete your account please contact [email protected]
Any changes we may make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Policy.