Last Updated: 1 October, 2019.

J Charnley & Sons (“we” or “us”) are dedicated to protecting the confidentiality and privacy of information entrusted to us in accordance with the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018. Please read this Privacy Notice to learn about your rights, what information we collect, how we use and protect it.

This website is operated by us, a UK unlimited limited liability company.

1. Who are we?

This Privacy Notice applies to J Charnley & Sons and associated company JWD Tractors Limited.

2. Who can you contact for privacy questions or concerns?

If you have questions or comments about this Privacy Notice or how we handle personal data, please direct your correspondence to: James Charnley, Data Privacy Manager, Lower Hiltons Farm, Marsh Lane, Brindle, Chorley PR6 8NY or email james@charnleys.com. We aim to respond within 30 days from the date we receive privacy-related communications.

You may contact the UK Information Commissioner’s Office at https://ico.org.uk/concerns/handling/ to report concerns you may have about our data handling practices.

3. How do we collect personal data?

• Directly. We obtain personal data directly from individuals and companies who register with us as customers to purchase goods or services from us. We do not use any other means of collecting personal data.

4. What categories of personal data do we collect?

We may obtain the following categories of personal data about individuals through direct interactions with us.

• Personal data. Here is a list of personal data we commonly collect to conduct our business activities.
  • Contact details (e.g., first and last nanms, e-mail address, passwords for use in accessing our website, business address, delivery address, billing address, postcodes and telephone numbers).
  • CCTV at our premises may collect images of visitors. Our policy is to automatically overwrite CCTV footage within 30 days.
• Sensitive personal data. We do not collect sensitive or special categories of personal data about individuals other than our own employees.
• Child data. We do not intentionally collect information from individuals under 13 years of age, we may occasionally receive details about children attending our premises with their parents or guardians (e.g., sales showroom or museum).

5. What lawful reasons do we have for processing personal data?

We may rely on the following lawful reasons when we collect and use personal data to operate our business and provide our products and services:

• Contract – We may process personal data in order to perform our contractual obligations owed to (or to enter into a contract with) the relevant individuals.
• Consent – We may rely on your freely given consent at the time you provided your personal data to us.
• Legitimate interests – We may rely on legitimate interests based on our evaluation that the processing is fair, reasonable and balanced. These may include:
  • Delivering services to our clients – To deliver the products and services our customers have engaged us to provide.
• Legal obligations – We may process personal data in order to meet our legal and regulatory obligations or mandates.

6. Why do we need personal data?

We try to be transparent when we collect and use personal data and tell you why we need it, which typically includes:

• Providing goods or services to our customers.
• Administering, maintaining and ensuring the security of our information systems, applications and website.
• Authenticating registered users to certain areas of our sites.
• Processing online requests, including responding to communications from individuals or requests for proposals and quotations.
• Complying with legal and regulatory obligations relating to anti-money laundering, terrorist financing, fraud and other forms of financial crime.
• Compiling health and safety data (directly or indirectly) following an incident or accident. Indirect data can take many forms including an incident report, first aider report, witness statements and CCTV footage.

7. Do we share personal data with third parties?

We may occasionally share personal data with trusted third parties to help us deliver efficient and quality service. These recipients are contractually bound to safeguard the data we entrust to them. We may engage with several or all of the following categories of recipients:

• Parties that support us as we provide our services (e.g., providers of telecommunication systems, mailroom support, IT system support, archiving services, document production services and cloud-based software services).
• Our professional advisers, including lawyers, auditors and insurers.
• Payment services providers including credit reference agencies.
• Law enforcement or other government and regulatory agencies (e.g., HMRC) or to other third parties as required by, and in accordance with, applicable law or regulation.

8. Do we transfer your personal data outside the European Economic Area?

We store personal data on servers located in the United Kingdom. Each organisation is required to safeguard personal data in accordance with our contractual obligations and data protection legislation.

9. Do we use cookies?

Our websites may, but does not at present, use cookies. Where cookies are used, a statement will be sent to your browser explaining the use of cookies.

10. What are your data protection rights?

• Access – You can ask us to verify whether we are processing personal data about you, and if so, to provide more specific information.
• Correction – You can ask us to correct our records if you believe they contain incorrect or incomplete information about you.
• Erasure – You can ask us to erase (delete) your personal data after you withdraw your consent to processing or when we no longer need it for the purpose it was originally collected.
• Processing restrictions – You can ask us to temporarily restrict our processing of your personal data if you contest the accuracy of your personal data, prefer to restrict its use rather than having us erase it, or need us to preserve it for you to establish, exercise, or defend a legal claim. A temporary restriction may apply while verifying whether we have overriding legitimate grounds to process it. You can ask us to inform you before we lift that temporary processing restriction.
• Data portability – In some circumstances, where you have provided personal data to us, you can ask us to transmit that personal data (in a structured, commonly used, and machine-readable format) directly to another company if is technically feasible.
• Automated Individual Decision-making – You can ask us to review any decisions made about you which we made solely based on automated processing, including profiling, that produced legal effects concerning you or similarly significantly affected you.
• Right to Object to Direct Marketing including Profiling – You can object to our use of your personal data for direct marketing purposes, including profiling. We may need to keep some minimal information to comply with your request to cease marketing to you.
• Right to Withdraw Consent – You can withdraw your consent that you have previously given to one or more specified purposes to process your personal data. This will not affect the lawfulness of any processing carried out before you withdraw your consent. It may mean we are not able to provide certain products or services to you and we will advise you if this is the case.

If you would like to exercise your Data Subject Rights, you can email james@charnleys.com need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights. This helps us to ensure that personal data is not disclosed to any person who has no right to receive it. No fee is required to make a request unless your request is clearly unfounded or excessive. Depending on the circumstances, we may be unable to comply with your request based on other lawful grounds.

11. What about personal data security?

We have put appropriate technical and organisational security policies and procedures in place to protect personal data (including sensitive personal data) from loss, misuse, alteration or destruction. We aim to ensure that access to your personal data is limited only to those who need to access it. Those individuals who have access to the data are required to maintain the confidentiality of such information. We may apply pseudonymisation, de-identification and anonymisation techniques in efforts to further protect personal data.

If you have access to parts of our websites or use our services, you remain responsible for keeping your user ID and password confidential. Please be aware that the transmission of data via the Internet is not completely secure. Whilst we do our best to try to protect the security of your personal data, we cannot ensure or guarantee the security of your data transmitted to our site; any transmission is at your own risk.

12. How long do we retain personal data?

We retain personal data to provide our services, stay in contact with you and to comply with applicable laws, regulations and professional obligations that we are subject to. Unless a different time frame applies as a result of business need or specific legal, regulatory or contractual requirements, where we retain personal data in accordance with these purposes, we retain such personal data for seven years.

13. Do we link to other websites?

Our websites may contain links to other sites. Please review the destination websites’ privacy notices before submitting personal data on those sites. Whilst we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites.

14. Do we change this Privacy Notice?

We regularly review this Privacy Notice and will post any updates to it on this webpage. This Privacy Notice was last updated 01 October 2019.