Definitions and Interpretation
The following words and expressions have the following meanings unless inconsistent with the context:
Stephen Henry who can be contacted by email at email@example.com;
a small amount of data sent from the server, which is then stored on your computer’s hard disc drive;
“Data Protection Legislation”
the Data Protection Act 1998, the General Data Protection Regulation 2016 (“GDPR”) and any and all other applicable laws and regulations relating to privacy and the processing of personal data as amended from time to time;
“data controller” “data processor” “personal data” “process” or “processing” “sensitive personal data” or “special category personal data”
as defined in the Data Protection Legislation;
Any and all websites owned or operated by PositivePlanet Limited.
“we”, “us” or “our”
Sustainable Planet Holdings Ltd, a company registered in England and Wales with company number 13279512 whose registered address is Kemp House, 160 CIty Road, London EC1V 2NX; and
an individual, company, or firm accessing our Site.
Our Site is not intended for children and we do not knowingly collect personal data relating to children.
For the purpose of the Data Protection Legislation, PositivePlanet Limited is the data controller and is responsible for your personal data.
Our primary reason for collecting your personal data is to process your orders for services from our Site, address enquiries which you may make on our Site from time to time and provide you with the most efficient service possible.
Our Site may contain links to other websites, plug-ins and applications which are operated by third parties. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Please note that we are not responsible for the privacy practices of the operators of such other websites, plug-ins and/or applications and advise you to read the privacy statements of each website you visit which collects personal data.
The Personal Data we collect 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).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email 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 or third-party suppliers.
Technical Data includes 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 this website.
Usage Data includes information about how you use our website, products and services.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
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 may be derived from your personal data but is not considered personal data 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 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 notice.
We do not anticipate collecting or processing sensitive personal data or special category personal data about you.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel an order you have placed with us but we will notify you if this is the case at the time.
We use different methods to collect personal data from and about you, as follows:
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- contact us via the link on our Site, or email us.
- contact us over the telephone.
- place an order for services and, if applicable to the transaction, when you subsequently submit payment for that order we will collect personal data from you.
- request a quotation for services we may collect personal data from you.
- create an account on our website.
- subscribe to our services or publications.
- request marketing materials regarding our products and services.
Automated technologies or interactions.
We may receive personal data about you from various third parties and public sources:
- Transaction Data from suppliers that you switch to, such as British Gas, to confirm your energy consumption and whether you have paid your bill.
- Identity, Contact and Financial Data from credit reporting agencies such as Experian, when we perform credit checks on customers.
- Identity and Contact Data from third parties such as Creditsafe when we buy leads.
- Identity and Contact Data from publicly available sources within the EU such as Companies House.
What do we do with your Personal Data?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- We will use your Identity, Contact, Financial and Transaction Data to process your orders for services whether such order is made through our Site or otherwise (such orders being subject to the terms and conditions of our Site);
- We will use your Identity, Contact, Financial and Transaction Data to fulfil our obligations to you under any contract for the supply of services subject to the terms and conditions of our Site;
- We will use your Identity and Contact Data to create a quotation for you where you have requested one;
- We will use your Identity and Contact Data to deal with the general queries you raise from time to time through the link on our Site, by post, by email or by telephone;
- We will use your Identity, Contact, Finance and Transaction Data to process any payment made by you in accordance with our contract for the provision of services to you;
- We may use your Identity, Contact, Technical, Usage and/or Profile Data to form a view on what we think you may want or need, or what may be of interest to you and in doing so we will only send you information that is deemed relevant to your use of our services, in accordance with our legitimate interest in developing our products/services and growing our business. You can ask us to stop sending marketing messages at any time by updating your preferences, following “unsubscribe” links in our communications or by contacting us at any time;
- If you contact us to report a fault with our Site, we will use the Identity, Contact and Technical Data provided for the purposes of rectifying that fault in accordance with our legitimate interests;
- As you navigate our Site, Technical and Usage Data may be collected automatically. We do this to find out things such as the number of visitors to the various parts of the Site, and to help us to improve the content of the Site and to customise the content or layout of the Site for you, in accordance with our legitimate interests; and
- Personal data, including Identity and Contact Data provided in an application for an employment opportunity with us will be processed so as to allow us to record and evaluate the merits of that application in accordance with our legitimate interests and our rights as an employer.
Other purposes for which we may process your personal data are:
- to deal with and/or respond to any enquiry or request made by you prior to entering into any contract or agreement with us or as a result of such contract or agreement;
- the performance of the contract we are about to enter into or have entered into with you;
- 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 including the protection of our business, staff, customers and others;
- where we need to comply with a legal or regulatory obligation, including the prevention of crime;
- the general administration and maintenance of our database and records by us;
- for training our employees in respect of providing our service to you;
- for credit referencing purposes to check your details and identity with fraud protection agencies to prevent fraud, to help us make decisions about credit and credit related services, to trace debtors, recover debts and to manage your accounts.
- When you enter our Site for the first time and where we wish to issue your computer with a cookie, you will be asked to consent to such use. Cookies in themselves do not identify the individual user, just the computer used. Many websites do this whenever a user visits their website in order to track traffic flows. If you wish to reject our cookie, you can decline our request, in which case you may not be able to use the Site or some parts of it. You can configure your browser to reject cookies (see paragraph 10 below), or you can ask your internet browser to alert you when a cookie is being set up.
- Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by clicking on the “unsubscribe” link in any email that you receive from us or by otherwise contacting us..
- We will only use your personal data 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 data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Who else gets to see your Personal Data?
We may need to share your personal data with the third parties listed below, for the stated purposes:
- Your personal data will only be disclosed to relevant employees who need to process it, for example, in order to process your order or provide the information that you have requested.
- On occasion, we do need to engage other companies to help serve you better, namely:
- Such service providers, including suppliers, engaged by us to perform services ordered by you, namely information and quote requests for a range of service from various suppliers, credit agencies and data sources.
- Such financial service providers used by us from time to time for the purpose of processing payment for goods and/or services and/or security checks.
- Such marketing companies used by us from time to time to produce and send out our marketing materials and information.
- On occasion we may need to engage third parties to assist us so as to ensure that we can deliver a fast and efficient quoting and switching service.
- Where it is necessary for the performance of our contract with you, including where we need to take steps to enforce any agreements which may be entered into between us.
- Where we are under a legal duty to do so in order to comply with any legal obligation.
- To protect the rights, property or safety of our business, our staff and others. This includes exchanging information with other companies and organisations for the purposes of fraud prevention and credit risk reduction.
- In the event that we sell or buy any business or assets in which case we may disclose your personal data to the prospective seller or buyer as part of the sale or purchase process and disclosure is required to allow that transaction to proceed.
- If we or substantially all of our assets are acquired by a third party, in which case personal data that we hold about our customers will be one of the transferred assets.
- We will get your express opt-in consent before we share your personal data with any company outside PositivePlanet Limited for marketing purposes.
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions
Some of our external third party providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. The software package that we use to manage our client database is hosted by a US company, and in doing so a backup copy of our database may be stored on a server located in the US. The software provider holds Privacy Shield certification.
We will only retain your personal data 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 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 requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances we may anonymise your personal data (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.
You have the right to under the Data Protection Legislation to:
- 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;
- 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;
- 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 personal data unlawfully or where we are required to erase your personal data to comply with local law. Please 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;
- Object to processing of your personal data 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms;
- 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
- 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; and
- 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. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. You can ask us or third parties to stop sending you marketing messages at any time by logging into your website account and checking or unchecking relevant boxes to adjust your marketing preferences, or by following the “unsubscribe” (or similar) links on any marketing message sent to you or by contacting us 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 purchase, product/service experience or other transactions.
If you wish to exercise any of your above rights, please send a written request to us addressed for the attention of the Compliance Manager.
You will not have to pay a fee to access your personal data (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.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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.
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.
Security and Maintenance of your personal data
We are committed to the security of your personal data. All of our employees and sub-contractors with access to your personal data and/or who are associated with the processing of that data are contractually obliged to respect the confidentiality of your personal data.
All information you provide to us is stored on our secure servers. Any Financial Data will be encrypted and stored on our secure servers.
We have implemented technology measures and security policies to protect the personal data that we have in our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
If you want to learn more about your rights regarding your personal data, you should contact the Information Commissioner’s office information line on: (0044) 01625 545745 or visit their website at www.ico.gov.uk.
You have the right to make a complaint at any time to the Information Commissioner’s Office, the UK supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.