JOHNSTON TRACTORS LTD
GDPR PRIVACY NOTICE FOR CUSTOMERS (GENERAL AND WEBSITE)

Introduction

Welcome to the privacy notice of Johnston Tractors Ltd, 4 Montgomery Way, Rosehill Estate, Carlisle, CA1 2RW (Registered Company Number: 07860331)

We respect your privacy and are committed to protecting your personal data.

This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or whenever you provide your personal information to us whether via the website or otherwise and tell you about your privacy rights and how the law protects you.

This privacy notice contains the following information in the respective Sections below:

1. Important information and who we are
2. The Data Which we collect about you
3. How is your personal data collected
4. How we use your personal data
5. Disclosures of your personal data
6. Data Security
7. Data Retention
8. Your legal rights
9. Glossary

1. Important information and who we are

Purpose of this privacy notice
This privacy notice aims to give you information on how Johnston Tractors Ltd collects and processes the personal data that you provide to us whether through website enquiries, customer account opening, online sign-up forms, completion entries or through your dealings with us generally as a customer or supplier. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
This privacy notice supplements the other notices and is not intended to override them.

Controller
Johnston Tractors Ltd is the data controller for the purposes of applicable data protection legislation and is a group trading company (Registration No: 07860331) of which the group holding company is Frank Johnston Tractors Ltd (Registration No: 1339137)

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

Full name of legal entity: Johnston Tractors Ltd
Company Secretary: Lorna Johnston. Email address: lorna.johnston@najwc.com
Postal address: 4 Montgomery Way, Rosehill Estate, Carlisle CA1 2RW
Telephone number: 01228 538585

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 opportunity to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes
This privacy notice was created on 24th May 2018. Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail or with your monthly account statements. Please check back frequently to see any updates or changes to our privacy notice. Each time you enter or use our website, you agree that the privacy notice current at that time shall apply to all information which we hold about you. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. This privacy notice does not apply to those websites, plug-ins and applications and we take no responsibility for them. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The 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 follows:

Identity Data includes first name, maiden name, last name, username and password or similar identifiers, marital status, title, date of birth and gender, CCTV images which may be captured at our business locations and photographs.

Contact Data includes billing address, delivery address, email address, telephone numbers, fax numbers, account numbers and information, position, grade, vehicle registration and beneficiary details. We may record telephone calls for training and security purposes. You will be notified if recording is taking place at the commencement of any call.

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 (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.

Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, products and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and other businesses within the Johnston group of companies, your communication preferences and customer analysis codes. 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 collect any Special Categories of Personal Data 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.

If you fail to provide personal data 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 a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data 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, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• complete a new account form;
• create an account on our website;
• subscribe to our service, publications or communications;
• request marketing or promotional materials 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 website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.

Third parties or publicly available sources.
Where you are acting as a consumer, we may receive personal data about you, from various third parties and public sources, as set out below:
• Technical and/or Identity Data from the following parties:
analytics providers such as Google based outside the EU; social media networks such as Facebook, LinkedIn and Twitter based outside the EU; search information providers such as Google based outside the EU; and organisations inside the EU that host the websites that our business operates.
• Identity, Profile, Marketing and Communications and Contact Data from third parties based both inside and outside of the EU when you enter competitions or otherwise subscribe to or unsubscribe from receiving communications from us.
• Identity and Contact Data from publicly availably sources such as Companies House, the Electoral Register and public relations advisors based inside the EU.
• Identity Data, Contact Data and Financial Data from credit reference agencies based inside the EU and payment processing providers such as Paypal based outside the EU.

4. How we use 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:
Where we need to perform 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. Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via post, email or text message.

Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at our registered office if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

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 products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us, or other members of the Johnston Tractors Ltd group if you have requested information from us or purchased goods or services from us and/or completed a new account form or entered a competition or registered for a promotion and, in each case, you have opted-in to receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside Johnston Tractors Ltd for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us by clicking the unsubscribe link on the bottom of our newsletters or emailing Johnston Tractors Ltd putting UNSUBSCRIBE in the subject line of the email and including any relevant information within the email 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 product/service purchase, warranty registration, product/service experience or other transactions.

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. Our site uses cookies. 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 such as tracking what you add to your basket and allows the process to go to payment. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, 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. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Data collected from this website will also help us work towards improving our website content and for internal marketing analysis and promotional purposes. We will not disclose your personal details to third parties.

Change of purpose
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 at our registered office. 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. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above. Group Companies (as described in the Glossary). External Third Parties (as described in the Glossary). 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 data in the same way as set out in this privacy notice. 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.

6. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 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.

7. Data retention How long will you use my personal data for?
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 by contacting us at our registered office. In some circumstances you can ask us to delete your data (see “Request erasure” below for further information). 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.

8. Your legal rights
You have the right 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 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.
• 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 information 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.
• Right to 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. If you wish to exercise any of the rights set out above, please contact us by writing to us at our registered office.

If you wish to exercise any of the rights set out above, please contact us (contact details are shown in Section 1 above)

No fee usually required
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.

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 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.

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.

9. Glossary
LAWFUL BASIS
• 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 at our registered office.
• 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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES
Group Companies
Other companies in the Johnston Tractors Group acting as joint controllers or processors, who are based in the EU and provide IT and system administration services and undertake leadership reporting. We may also share your personal information with other companies within the Johnston Tractors group to inform you about their goods and services which may be of interest to you, in accordance with your marketing and communications preferences (see the “Marketing” paragraph in section 4 above).

External Third Parties
• Service providers acting as processors based either inside or outside the EU who provide:
• IT and system administration services, including payment processing; Account management services;
• Haulage / delivery services; Order and payment processing; Advertising and marketing; Project management services;
• Time recording and cost management services; Security and / or health and safety services;
• Archiving services.
• Professional advisers, acting as processors or joint controllers, including lawyers, bankers, auditors and insurers based in the EU who provide consultancy, banking, legal, insurance and accounting services.
• 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.