Privacy Notice (UK)

1. WHAT IS THE PURPOSE OF THIS DOCUMENT?

   AQUALISA PRODUCTS LIMITED is committed to protecting the privacy and security of your personal information.

   This privacy notice describes how we collect and use personal information about you during and after your contractual relationship with us, in accordance with, to the extent applicable, the UK General Data Protection Regulation as defined in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018 (UK GDPR) and the General Data Protection Regulation ((EU) 2016/679) (EU GDPR).

   It applies to all customers of AQUALISA PRODUCTS LIMITED.

   1. AQUALISA PRODUCTS LIMITED (company registration number 01281596) is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.
   2. This notice applies to current and former customers.This notice does not form part of any contract we may have with you.We may update this notice at any time.
   3. It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
2. THE KIND OF INFORMATION WE HOLD 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).

   There are “special categories” of more sensitive personal data which require a higher level of protection.

   1. We will collect, store, transfer, and use the following categories of personal information (that is not a ‘special category’) about you:
      Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses (Identity Data).
      Data captured by the use of CCTV (Image Data).
      Data captured during recorded telephone calls (Phone Call Data).
      Details about payments to and from you and about the products and services that you have purchased from us (Purchase Data).
      Your bank account details and payment card details (Financial Data).
      Information about your use of our website aqualisa.co.uk and your smart shower via our Aqualisa mobile application software (“App”) including (but not limited to), date and time of showers; average temperature of the shower; water consumption; frequency of showers and the make and model of your smart shower (Usage Data).
      Technical data such as your 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 our website and/or our App (Technical Data).
      Information about your marketing and communication preferences (Marketing and Communications Data).
      Information given by you to us in feedback and survey responses (Profile Data).
      We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your data about your use of our website 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.
      
   2. In addition to the above personal information, where you apply for finance, our third party data processors will collect, store, and use the following categories of personal information about you (Finance Data):
      Date of birth.
      Gender
      Marital status.
      Salary information.
      Employment status.
      
      Please note that we neither access nor store this data.Please consult the privacy notices of the third party to whom you make an application for credit for details of how they use your personal data.
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
   1. We collect personal information about our customers in the following ways:

      a) Direct interactions. You may give us your Identity Data, Phone Call Data, Purchase Data, Financial Data, Usage Data, Marketing and Communications Data, Profile Data, Finance Data and Special Category Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

      - submit an order to purchase goods from us;

      - create an account on our website and/or our App;

      - subscribe to our service or publications;

      - request marketing to be sent to you;

      - enter a competition, promotion or survey; or

      - give us feedback or contact us.

      b) Attendance on site. When you visit our premises we capture your Image Data through the use of CCTV.

      c) Automated technologies or interactions. As you interact with our website and/or our App, we will automatically collect Technical Data and / or Usage 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 our cookie policy for further details.

      d) Third parties or publicly available sources. We collect personal data about our customers from third party sources in the following ways:

      Categories of personal data we collect from third party sources	Source of the personal data
      Identity Data, Purchase Data (details of our products and services that you have purchased via third parties), Financial Data, Marketing and Communications Data, Profile Data and Finance Data	Third party sellers of our products / services.
      Identity Data	Publicly available sources such as Companies House and the Electoral Register based inside and / or outside the UK.
      Technical Data	Analytics providers such as Google based inside and / or outside the UK.
      Identity Data, Purchase Data and Financial Data	Providers of technical, payment and delivery services based inside and/ or outside the UK.
      Identity Data	Data aggregators based inside and / or outside the UK.

   2. We may collect additional personal information in the course of contract related activities throughout the period of our contractual relationship.
4. HOW WE WILL USE INFORMATION ABOUT YOU
   1. 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:
      
      a) Where we need to perform the contract we have entered into with you.
      b) Where we need to comply with a legal obligation.
      c) 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.
      d) With your express consent.
   2. We may also use your personal information in the following situations, which are likely to be rare:
      a) Where we need to protect your interests (or someone else’s interests).
      b) Where it is needed in the public interest.
      c) With your express consent.
   3. Situations in which we will use your personal information
      a) We use the categories of information in the list above (see paragraphs 2.1 and 2.2 and 2.3) to allow us to perform our contract with you and to enable us to comply with legal obligations. We may also use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below. We have indicated the purpose or purposes for which we are processing or will process your personal information, as well as indicating which categories of data are involved:
      Situations in which we will process your personal information:
      

      Situations in which we will process your personal information:	Categories of data involved:	Purpose(s) / Legal Bases of processing:
      To register you as a new customer	(a) Identity Data	(i) Performance of a contract with you
      To process and deliver an order and generally administer the contract we have entered into.	(a) Identity Data (b) Phone Call Data (c) Purchase Data (d) Financial Data (e) Marketing and Communications Data (f) Profile Data	(i) Processing is necessary for the performance of the contract with you. (ii) Processing is necessary for our legitimate interests: (a) to deliver goods / services to you where the contract we have entered into is not with you directly; and / or (b) for training and monitoring purposes; and/or (c) to recover debts due to us.

      Situations in which we will process your personal information:	Categories of data involved:	Purpose(s) / Legal Bases of processing (by the credit agency):
      To facilitate a credit application that you / your company may wish to make (the credit agreement is not with us but a third party and we do not collect or store the financial information, the third party does)	(a) Identity Data (b) Phone Call Data (c) Purchase Data (d) Financial Data (e) Finance Data (f) Marketing and Communications Data (g) Profile Data (h) Special Category Data*	(i) Processing is necessary for the performance of the contract with you. (ii) Processing is necessary for our legitimate interests: (a) to enable us to deliver goods / services to you where the contract we have entered into is not with you directly; and / or (b) to assist you / your company in making a credit application to a third party; and/or (c) for training and monitoring purposes (iii) To comply with a legal obligation. IMPORTANT NOTE: Nothing within this privacy notice affects the third party to whom you are making an application for credit. You should read their privacy notice for details of how they use your personal data.
      To manage our relationship with you which will include:	(a) Identity Data (b) Phone Call Data (c) Purchase Data (d) Usage Data (e) Marketing and Communications Data (f) Profile Data	(i) Processing is necessary for the performance of the contract with you. (ii)Processing is necessary for our legitimate interests: (a) processing is necessary for the performance of a contract with a third party; and / or (b) to keep our records updated and to study how customers use our products/services; and/or (c) for training and monitoring purposes. (v) Processing is necessary to comply with a legal obligation.

      Situations in which we will process your personal information:	Categories of data involved:	Purpose(s) / Legal Bases of processing:
      To administer and protect our business our website and our App (including: business planning and complying with accounting and auditing obligations; preventing fraud; and troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	(a) Identity Data (b) Phone Call Data (c) Purchase Data (d) Financial Data (e) Usage Data (f) Technical Data (g) Marketing and Communications Data (h) Profile Data (i) Special Category Data*	(i) Processing is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, for training and monitoring purposes and in the context of a business reorganisation or group restructuring exercise). (ii) Processing is necessary to comply with a legal obligation. * We will use your Special Category Data where you give us this information to enable us to provide a service to you. In this situation we rely on your express verbal consent to use your Special Category Data.
      To enable you to partake in a prize draw, competition or complete a survey	(a) Identity Data (b) Usage Data (c) Profile Data (d) Marketing and Communications Data (e) Technical Data	(i) Processing is necessary for the performance of a contract with you. (ii) Processing is necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).
      Dealing with legal disputes involving you.	(a) Identity Data (b) Image Data (c) Phone Call Data (d) Purchase Data (e) Financial Data (f) Usage Data (g) Technical Data (h) Marketing and Communications Data (i) Profile Data (j) Finance Data (f) Special Category Data	(i) Processing is necessary to comply with a legal obligation. (iii) Processing is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings), including obtaining legal advice.
      Protecting our business premises and assets	(a) Image Data	(i) Processing is necessary for our legitimate interests (to protect our business premises and security of persons on site)
      To provide and administer the product warranties	(a) Identity Data (b) Phone Call Data (c) Purchase Data (d) Financial Data (e) Marketing and Communications Data (f) Profile Data (g) Finance Data	(i) Processing is necessary for the performance of our contract with you; (ii) Processing is necessary for our / third party legitimate interests: (a) to provide cover under a warranty, where the contract entered into is not with you directly; and / or (b) to enable our third party extended warranty providers to contact you regarding potential extended warranty cover. (iii) Processing is necessary to comply with a legal obligation.
      To deliver relevant website and/or App content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity Data (b) Profile Data (c) Usage Data (d) Technical Data (e) Marketing and Communications Data	(i) Processing is 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, our App, products/services, marketing, customer relationships and experiences	(a) Technical Data (b) Usage Data	(i) Processing is necessary for our legitimate interests (to define types of customers for our products and services, to keep our website and our App 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 Data (b) Technical Data (c) Usage Data (d) Profile Data (e) Marketing and Communications Data	(i) Processing is necessary for our legitimate interests (to develop our products/services and grow our business)
      to provide services to you when you use our App	(a) Identity Data (b) Technical Data (c) Usage Data	(i) Processing is necessary for the performance of a contract with you. (ii) Processing is necessary for our legitimate interests (to deliver services to you where the contract we have entered into is not directly with you and/or to develop our products/services and grow our business).

      (b) Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.If you have any questions regarding this, please contact us using the information set out below.
   4. Marketing
      1. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
      2. Promotional offers from us
         We may use your Identity Data, Phone Call Data, Purchase Data, Usage Data, Technical Data, Communication Data 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 will receive marketing communications from us if you have requested information from us or purchased goods / services from us and you have not opted out of receiving that marketing.Sometimes we may ask you for consent to send you marketing communications.
      3. Third-party marketing
         Unless the law allows us to share your personal data without your express consent, we will get your express opt-in consent before we share your personal data with any third party for their own marketing purposes.
      4. Opting out
         You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links / instructions on any marketing message sent to you or by contacting us on the details set out below at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a goods/service purchase, service experience or other transactions.
      5. 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 more information about the cookies we use, please see our cookie policy.

   5. If you fail to provide personal information

      If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as delivering goods or services to you), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our customers).

5. DATA SHARING
   1. We may have to share your data with third parties, including third-party service providers and other entities in the group of companies to which we belong.
   2. We (Aqualisa Products Limited) do not transfer your personal information outside the UK and EU.
   3. Why might you share my personal information with third parties?
      1. We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
      2. “Third parties” includes independent data controllers, third-party service providers (including contractors and designated agents) and other entities within our group.
   4. Which third-party service providers process my personal information on your behalf?
      1. The following categories of third-party service providers may process personal information about you for the following purposes:
         a) Service providers who provide App, website, IT and system administration services to us;
         b) Service providers who provide business administration services to us.
   5. How secure is my information with third-party service providers and other entities in your group?
      1. All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies.
   6. When might you share my personal information with other entities in your group?
      1. We will share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.
   7. What about other third parties?
      1. We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
      2. Typically, we will share your personal data with the following third parties who act as independent data controllers:
         a) organisations who deliver to you the products that have been ordered;
         b) organisations who provide extended warranties for the products you have purchased from us;
         c) organisations that provide finance to you to enable you to purchase products / services from us;
         d) organisations that process your payments made over the phone or online;
         e) third party sellers of our products;
         f) organisations who provide services for credit risk reduction and other fraud and crime prevention purposes and organisations providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such personal data is shared;
         g) professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
         h) HM Revenue & Customs, regulators and other authorities.
         
6. DATA SECURITY
   1. We have put in place measures to protect the security of your information.
   2. Our third-party service providers will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
   3. We have put in place appropriate security measures to attempt 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. Our third-party service providers will only process your personal information on our instructions and they are subject to a duty of confidentiality.
   4. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.However, please note, despite taking security measures, we cannot control nor guarantee an unauthorized third party will be prevented from improperly accessing information in our or our service providers’ possession
7. DATA RETENTION
   1. How long will you use my information for?
      1. 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. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
      2. 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, regulatory, tax, accounting, or other requirements.
      3. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
      4. By law we have to keep basic information about our customers (including Identity Data, Financial Data and Transaction Data) for six years after they cease being a customer for tax purposes.
      5. We will retain and securely destroy your personal information in accordance with applicable laws and regulations.
      6. In some circumstances you can ask us to delete your data (see below).
8. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
   1. Your duty to inform us of changes
      1. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your contractual relationship with us.
   2. Your rights in connection with personal information
      1. Under certain circumstances, by law you have the right to:
         

         #	Legal Right	Description
         1	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.
         2	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.
         3	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.
         4	Object to processing of your personal data	You may object 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.In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
         5	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: If you want us to establish the data's accuracy. Where our use of the data is unlawful but you do not want us to erase it. 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. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
         6	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
         7	Withdraw consent at any time where we are relying on consent to process your personal data.	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.

      2. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Customer Experience Director using the following contact details:
         Telephone number: 01959 560093
         Email address: [email protected]
         Postal address: Aqualisa Products Limited, The Flyer's Way, Westerham, Kent TN16 1DE
   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 for access is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
   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 the information (or to exercise any of your other rights). This is another appropriate 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 for further information in relation to your request to speed up our response.
   5. Time limit to respond
      We try to respond to all legitimate requests within one month. Occasionally it could 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.
9. RIGHT TO WITHDRAW CONSENT
   1. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Customer and Colleague Experience Director using the contact details set out at paragraph 8.2.2 above.
   2. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
10. DATA PROTECTION MANAGER
    Our Customer Experience Director is responsible for overseeing compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the Customer and Colleague Experience Director.
    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.You may find out more about how to contact the ICO by going to the following website: https://ico.org.uk/global/contact-us/
11. CHANGES TO THIS PRIVACY NOTICE
    We reserve the right to update this privacy notice at any time. In the event we make substantial updates, we will make available our updated privacy notice on our website.We may also notify you in other ways from time to time about the processing of your personal information.
    If you have any questions about this privacy notice, please contact our Customer and Colleague Experience Director using the contact details set out at paragraph 8.2.2.
12. GLOSSARY
    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 contacting us.
    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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.