1. Important notice
You have the right to object to us processing your personal data for our legitimate business interests or for direct marketing purposes (including any related profiling). For more information about your rights and how you can exercise them, please see the section Your rights.
2. Personal Data we may collect and why
Personal data is any information which identifies you personally whether directly (for example, your name) or indirectly (for example, information about your use of our products and services).
We may collect the following data about you:
- Contact details: your name, email address, and telephone number so that we can contact you in response to an enquiry you make via our Site or in relation to the products and services that we have from time to time agreed to provide to you;
- Correspondence: we collect any additional personal data you may provide to us from time to time if you contact us by email, letter or telephone, through our Site, by submitting a comment on our Site, or by any other means;
- Survey responses: information from surveys that we use for research purposes, if you choose to respond to them;
- Transaction details: we or our third party providers will collect information relating to transactions you carry out through our Site and for the purposes of fulfilling your orders;
- Details of visits to the Sites: details of your visits to our Site, including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
What are Cookies?
a. What cookies are used on this Site?
The cookies we and our business partners use on our Site are broadly grouped into the following categories:
- Essential – Some of the cookies on our Site are essential for us to be able to provide you with a service you have requested. An example of this could be a cookie used to enable you to log into your account on our Site or which allows communication between your browser and our Site. Our cookie preference cookie described in the section “How can I reject or opt out of receiving cookies?” is also an essential cookie. You may not be able to use our Site without these cookies.
- Analytics – We use analytics cookies to helps us understand how users engage with our Site. An example is counting the number of different people coming to our Site or using a particular feature, rather than the total number of times the site or feature is used. Without this cookie, if you visited our Site once each week for three weeks we would count you as three separate users. We would find it difficult to analyse how well our Site was performing and improve it without these cookies.
- Social Sharing – We use third party cookies to allow you to share content directly on the social networking/sharing sites like Facebook, Twitter or Google+. Examples would be if you wanted to “like” or “tweet” about us or our products or services. Please see our “Third Party Cookies” section below for more details.
- Interest-Based Advertising – You will have noticed that when you visit websites you will be shown adverts for products and services you may wish to buy. The money made by website owners for showing third party adverts on their websites often pays for the cost of running the website and therefore usually allows you to use the website without having to pay a registration or usage fee. To try and ensure that the adverts you see are relevant to you third party cookies may be used to collect information about the types of things that interest you, for example websites you visit and the geography that you are based in. Having these cookies does not increase the number of adverts you will be shown, but simply makes the adverts you see more relevant. Please see our “Third Party Cookies” section below for more details.
b. How can I reject or opt out of receiving cookies?
c. Third party cookies
Some of the cookies described in the “What Cookies are used on our Site” section above are stored on your machine by third parties when you use our Site. Third parties may also read cookies on your browser to collect information or to serve content or advertisements to you. We have no control over these cookies or how the third parties use them. They are used to allow that third party to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see:
- Internet Advertising Bureau website at http://www.youronlinechoices.com/ where you will be able to opt-out of receiving Interest-Based Advertising cookies from some of the third parties listed below; and/or
- If you want to know more about how cookies work and how to manage or delete them, visit the World Wide Web Consortium’s website.
4. How we use your personal data
We use your personal data for the following purposes:
To provide you with the products and services you have requested
We use your personal data to accept you as a new or returning customer to provide you with the products and services you have requested in accordance with the Trading Terms or Terms of Trading.
To send you service communications, including in relation to changes to our Trading Terms or Terms of Trading
We use the contact details you have provided to us so that we can communicate with you about the products and services that we provide, including to let you know about major changes to those products and services or to the Trading Terms or Terms of Trading between us or to any related information.
Direct marketing (including by third parties)
If you have provided your consent or we otherwise have the right to do so, we may use your contact details to send you direct marketing and keep you informed of promotional offers by email, SMS, post or telephone relating to our products and services.
You can unsubscribe from our direct marketing at any time by clicking the “Unsubscribe” link in any of our emails or by contacting us.
Our trusted business partners would also like to use your name, email address, postal address and telephone number to inform you of similar products, services and promotional offers. We will only share your personal data with our partners where you have provided us with your consent to do so. You can unsubscribe at any time by clicking the “Unsubscribe” link in any of their emails or by contacting us.
To track your usage of our website, communications, products and services
To provide and improve customer support
We use your personal data to be able to provide and improve the customer support we provide to you (for example, where you have questions about our products and services).
To maintain our records and improve data accuracy
Like any business, we process personal data in the course of maintaining and administering our internal records. This includes processing your personal data to ensure that the information we hold about you is kept up to date and accurate.
To respond to enquiries, complaints and disputes
We use the personal data we hold about you to help us respond to any enquiries or complaints you have made, or deal with any dispute which may arise in the course of us providing our products and services to you, in the most effective manner.
To investigate, detect and prevent fraud and comply with our legal obligations
In certain circumstances, we use your personal data only to the extent required in order to enable us to comply with our legal obligations, including for fraud detection, investigation and prevention purposes. This may require us to provide your personal data to law enforcement agencies if they request it.
5. Legal grounds for processing
Data protection law requires us to only process your personal data if we satisfy one or more legal grounds. These are set out in data protection law and we rely on a number of different grounds for the processing we carry out. These are as follows:
In certain circumstances, we process your personal data after obtaining your consent to do so for the purposes of:
- sending you marketing communications about our products and services;
- sharing your name, email address, postal address and telephone number with our trusted business partners so that they may market to you about their own similar products and services;
- conducting marketing research;
- obtaining your credit score so that we can establish the best possible payment terms we are able to offer to you.
Necessary for the performance of a contract and to comply with our legal obligations
It is necessary for us to process your basic contact details, payment details and information about the business you represent for the performance of the Trading Terms or Terms of Trading between us. In particular, we rely on this legal ground to:
- provide you with the products and services;
- communicate with you about the products and services that we provide to you, including to let you know about major changes to those products and services or to the Trading Terms or Terms of Trading between us or to any related information;
- provide and improve customer support; and
- notify you about changes to our service
If you choose not to give some or all of the aforementioned information to us, this may affect our ability to provide our products and services to you.
In certain circumstances, we also use your personal data only to the extent required in order to enable us to comply with our legal obligations, including to detect, investigate and prevent fraud.
Necessary for the purposes of our legitimate business interests or those of a third party
It is sometimes necessary to collect and use your personal data for the purposes of our legitimate interests as a business, which are to:
- provide you with products and services that are as useful and beneficial as possible, including by personalising our contact with you and making sure we tell you about all the offers that are relevant to you;
- better understand our customer base so that we can improve our products and services and marketing activities (which could also benefit you);
- comply with our contractual obligations to third parties;
- develop and improve our Site to enhance the customer experience;
- train our staff so that we can provide you with a better customer service;
- respond to any enquiries or complaints you have made, or deal with any dispute which may arise in the course of us providing our products and services to you; and
- to ensure that content from our Site is presented in the most effective manner for you and for your computer;
- ensure effective operational management and internal administration of our business, document retention, compliance with regulatory guidance and exercise or defence of legal claims.
Where we think there is a risk that one of your interests or fundamental rights and freedoms may be affected we will not process your personal data unless there is another legal ground for us to do so (either that we have obtained your consent to the processing or it is necessary for us to perform our contract with you or to comply with our legal obligations).
6. Who we share your personal data with
We may provide your personal data to our suppliers and service providers, including other companies in our group, who provide certain business services for us and act as “processors” of your personal data on our behalf. In addition, we may disclose your personal data if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to protect the rights, property, or safety, of our business, our customers or others. This includes, in specific cases, exchanging information with other organisations for the purposes of fraud protection.
7. How long we keep your personal data for
We retain your personal data for no longer than is necessary for the purposes(s) for which it was provided. What this means in practice will vary between different types of data. When determining the relevant retention periods, we take into account factors including:
- legal obligation(s) under applicable law to retain data for a certain period of time;
- statute of limitations under applicable law;
- potential or actual disputes; and
- guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your personal data from our systems when it is no longer needed.
8. Your rights
You have the following rights regarding your personal data:
|Rights||What does this mean?|
|3. Right to rectification||You are entitled to have your personal data corrected if it is inaccurate or incomplete.|
|4. Right to erasure||This is also known as ‘the right to be forgotten’ and, in simple terms, enable you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.|
|5. Right to restrict processing||You have the right to ‘block’ or supress further use of your personal data in certain circumstances. When processing is restricted, we can still store your personal data, but may not use it further.|
|6. Right of data portability||You have the right to obtain and reuse your personal data in a structured, commonly used and machine-readable format in certain circumstances. In addition, where certain conditions apply, you have the right to have such information transferred directly to a third party.|
|7. Right to object to processing||You have the right to object to us processing your personal data for our legitimate business interests or for direct marketing purposes (including in each case any related profiling).|
|8. Right to withdraw consent to processing||If you have given your consent to us to process your personal data for a particular purpose (for example, direct marketing), you have the right to withdraw your consent at any time (although if you do so, it does not mean that any processing of your personal data up to that point is unlawful).|
|9. Right to make a complaint to the data protection authorities||You have the right to make a complaint to the Information Commissioner’s Office (ICO) if you are unhappy with how we have handled your personal data or believe our processing of your personal data does not comply with data protection law.|
9. How to contact us
If you would like to exercise your data protection rights or if you are unhappy with how we have handled your personal data, please feel free to contact us by using the details set out on our Site.
If you’re not satisfied with our response to any enquiries or complaint or believe our processing of your personal data does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO) by:
- writing to: Information Commissioner’s Officer, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF;
- calling: 0303 123 1113; or
- submitting a message through the ICO’s website at: ico.org.uk
10. Links to other websites
Complaints Manager details
0151 345 3670 | firstname.lastname@example.org
The Hot Tub Place, 182-184 Hoylake Road, Moreton, Wirral, CH46 8TH
In the first instance the member of staff receiving the complaint should make an initial assessment to ascertain if it should be treated as an ‘eligible’ complaint.
Definition of a complaint
Any expression of dissatisfaction from or on behalf of a customer whether oral, electronic or written and whether justified or not WHICH includes an actual or potential financial loss, material distress or material inconvenience.
Note that if there is any potential for financial loss or material distress or inconvenience then however vexatious the complaint may appear, it must still be treated as an ‘eligible’ complaint and dealt with in line with the regulatory rules that apply if the complaint is about any form of regulated business.
There are of course complaints that are made which relate to minor inconveniences; inconsequential distress and no financial loss and these can be called ‘soft’ complaints as opposed to eligible or ‘hard’ complaints.
If you are unable to establish the nature of the complaint or if you have insufficient authority to make this decision then the matter must immediately be referred to our line manager or the complaints manager without delay.
Any complaint verbal or written must be referred to our complaints manager at the earliest opportunity or to a member of the senior management if the complaints manager is unavailable. It is essential that whoever is dealing with the complaint sends our initial response letter to the complainant promptly using our set template and adding the details known about the complaint.
Following this, the matter must be passed to our complaints manager for investigation.
Complaints about product providers/advisers/sales staff
Clients may express dissatisfaction to us about a product provider, sales staff or an adviser and although the issue may not be our fault we need to be clear about whether the client wishes us to help complain to a third party or whether the client wishes to complain about us; if in doubt we must proceed as if the complaint is about us initially. We then need to establish whether or not the complaint does relate to us or our services or the service or performance of the third party. If this is unclear, this must not delay investigation and we will proceed with our own investigation. The Complaints Manager will review this matter and take the complaint to the provider if appropriate and inform the client accordingly.
The Complaints Manager needs to establish the nature and scope of a complaint having due regards to the Financial Conduct Authority’s direction:
- Deal with complaints promptly and fairly
- Give complainants clear replies and, where appropriate, fair redress
It is important that our Complaints Manager receives full cooperation from all staff in this investigation. The complaints manager may also contact the complainant to gain further clarification of information. This can be done via telephone, email or any other appropriate means of communication and the process can begin before the complainant receives the initial response letter.
At this point the complaint must be entered into the complaints log and a complaint record must be created.
It is the firm’s policy to treat all complainants the same, however, eligible complainants are legally defined and have additional rights in law that we must acknowledge and adhere to. We have elected to treat all complaints in the same way for simplicity. Sometimes we may not know if a complainant is ‘eligible’ in which case we must treat them as such and if it becomes necessary, the Financial Ombudsman Service will establish the status of the complainant, not us.
Eligible complainants refers to people or entities with potential entitlements to claim against a firm in circumstances where they have suffered a financial loss due to poor advice or services. In order to be treated as ‘Eligible Complainants’ the Complainants must be:
- Private Individuals or
- Companies within the EU definition of a microenterprise or
- Charities with an income of under £1,000,000 or
- Trustees of a trust with assets of under £1,000,000 AND
- Their complaint must fall under the jurisdiction of the FOS and must therefore arise out of one of several listed relationships in DISP 2.7.6
The Financial Conduct Authority complaints rules apply to complaints:
- made by, or on behalf of an eligible complainant;
- relating to regulated activity;
- involving an allegation that the complainant has suffered, or may suffer, financial loss, material distress or material inconvenience;
- not resolved by close of business on the day following receipt.
The Rules give firms a maximum of 8 weeks to issue a final response to the complainant and we require that this practice is followed for all complaints. It is also important and courteous to keep complainants informed of progress and we will do this by writing to them after four weeks if we have not reached a decision using the holding letter template. More holding letters may be given at the discretion of the Complaints Manager.
|Initial response letter||Promptly: by the next working day unless there are exceptional circumstances.|
|Holding letter||Optional until the eighth week|
|Final response||By end of the eighth week after the receipt of the complaint in all cases, but sooner whenever possible. If, exceptionally, a full response is not possible by this time your firm must send out a holding letter explaining why it has not been able to issue a decision within the above time frame and when it expects to be able to provide a decision. You should however note that it is a requirement that final responses are issued by the end of eight weeks after receipt of complaints.|
When the investigation has not involved a continuous dialogue the complaints manager may issue a holding letter after four weeks if the complaint remains outstanding.
This must clearly set out, in writing, the following:
- whether we accept or reject the complaint
- where applicable, the reasons for rejecting any complaint
- where we accept the complaint, and intend to offer redress or remedial action, details of the redress to be offered, any compensation offered and a clear method of calculation has to be shown.
Additionally where the client is an ‘eligible counterparty’/potential ‘eligible counterparty’ we must:
- explain that where the complainant disagrees with the firm’s decision they must refer the matter to the ombudsman within six months of the date of this letter or the right to use this service is lost and
- enclose a copy of the Financial Ombudsman Service’s standard explanatory leaflet
The final response template should be used and the complaints log and complaint record must be updated with the final decision including details of the amount of any redress offered.
Closing a complaint
Where we receive confirmation from the complainant that he or she is satisfied with our final response, the complaint, subject to any redress payment being made or remedial action taken, will be marked as closed.
Where no confirmation has been received from the complainant within 8 weeks of the firm’s most recent letter, the complaint may also be considered closed. This is regardless of any subsequent communication via the Financial Ombudsman Service.
Financial Ombudsman Service
The firm must co-operate fully with the Ombudsman in resolving any complaints made against it and agrees to be bound by any awards made by the Ombudsman.
The firm undertakes to pay promptly the fees levied by the Ombudsman.
- Address: The Financial Ombudsman Service, Exchange Tower, London E14 9SR
- Tel: 0800 023 4567 (free for most people ringing from a fixed line) or 0300 123 9123 (cheaper for those calling using a mobile) or 020 7964 0500 (if calling from abroad)
- Email: email@example.com
- Website: www.financial-ombudsman.org.uk
We will conduct a root cause analysis in the case of any complaint and this will be recorded with the appropriate action having been taken. These actions are to be recorded with the individual complaint record and in our complaint reviews. The Complaints Manager will give the compliance officer full details and liaise with senior management of any changes need to be made to our procedures.