- What law applies?
Our use of your Personal Data is subject to both the UK`s Data Protection Act (“DPA”) and the EU’s General Data Protection Regulation (“GDPR”), and of course we process your Personal Data accordingly.
- What is Personal Data?
Personal Data is any information relating to personal or material circumstances that relates to an individual. This may include, a name, date of birth, e-mail address, postal address, or telephone number but also online identifiers such as IP addresses or device ID`s.
- What is processing?
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
- Who is responsible for data processing?
The responsible party within the meaning of the DPA and the GDPR is FusionWheels of Lower Dalton Nurseries, Button Street, Swanley Village, Kent, BR8 8DX (“we”, “us”, or “our”).
If you have any questions or if you wish to exercise your rights, please contact us using [email protected], call +44 (0) 1322669940 or +44 (0) 7936015578 or write to us at the above address.
- What are the legal bases of processing?
In accordance with the DPA and the GDPR, we have to have at least one of the following legal bases to process your Personal Data:
- you have given your consent,
- the data is necessary for the fulfilment of a contract / pre-contractual measures,
- the data is necessary for the fulfilment of a legal obligation or
- the data is necessary to protect our legitimate interests and your interests are not overridden.
- Is there an obligation for me to provide data?
Within the scope of our business relationship, you are only required to provide Personal Data that is necessary for the establishment, implementation, and termination of a business relationship or that we are legally obliged to collect. Without this data, we will usually have to refuse to conclude the contract or will no longer be able to perform an existing contract and may have to terminate it.
Data we collect automatically
- Log data
Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user’s device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.
We host our website using the services of GoDaddy.com, LLC. In this sense GoDaddy processes all data and communication data including IP addresses, that are provided to us through our website. This means that all data submitted to our website are transferred to GoDaddy. The legal basis for processing is our legitimate interest.
- Content Management System
We use the Content Management System (CMS) of WordPress by Automattic Inc, to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to our website is transferred to WordPress. The legal basis for this processing is our legitimate interest.
- Google Fonts
We also have fonts of the provider Google LLC set up on our website. For Google Fonts to work your IP address is processed by Google and they may use it for analytical purposes. The integration is based on our legitimate interest in a technically secure, maintenance-free and efficient use of fonts, and your consent.
Data we collect directly
- Contacting us
In addition to your name, e-mail address, IP address or telephone number, if provided, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is both your consent and contract.
- When using our services
We process the Personal Data involved in your use of our services in order to provide our services to you. This includes in particular our support, correspondence with you, invoicing, fulfilment of our contractual, accounting and tax obligations. Accordingly, the data is processed on the basis of fulfilling our contractual obligations and our legal obligations.
- Administration, financial accounting, office organisation, contact management
We process data in the context of administrative tasks as well as organisation of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
- Contact and interaction
If you contact or interact with us via social media platforms, we and the respective social media platform are jointly responsible for the processing of your data and enter into a so-called joint-controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual performance, if any.
We refer to our offered social media presences with links. Unlike social media plugins, links do not cause the social media platform to learn of your visit when you access our site. However, like any link, they do lead to your data being processed by the social media platform at the latest when you click on the link. As a rule, the social media platform stores cookies on your device or even your usage behaviour in your account, especially if you are logged in yourself. The social media platform may use your data to analyse your usage behaviour and use it for (interest-based) advertising. This may result in advertising being displayed to you inside and outside the social media platform.
- Who receives my data?
Within FusionWheels, those that need your data to fulfil our contractual and legal obligations will receive access to it.
Processors used by us may also receive data for these purposes. These are companies in the categories of IT services, telecommunications, and sales and marketing. Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organisational measures to ensure the protection of Personal Data in accordance with the relevant legal provisions.
Data is only passed on to third parties within the framework of legal requirements. We only pass on users’ data to third parties if this is necessary, for example, for contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business or you have consented to the transfer of data.
- How long will my data be stored?
As far as necessary, we process and store your Personal Data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract.
In addition, we are subject to various storage and documentation obligations, which result from the minimum statutory retention periods and HMRC, among others. The retention and documentation periods specified there are two to 6 years.
- How do we secure your data?
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of content or contact requests that you send to us. We have also implemented numerous security measures (“technical and organisational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
- Special Category Data
Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.
We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.
- Automated decision-making
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
- Do Not Sell
We do not sell your Personal Data.
Your Rights and Privileges
- Privacy rights
Under the DPA and GDPR, you can exercise the following rights:
- Right to information
- Right to rectification
- Right to object to processing
- Right to deletion
- Right to data portability
- Right of objection
- Right to withdraw consent
- Right to complain to a supervisory authority
- Right not to be subject to a decision based solely on automated processing.
If you have any questions about the nature of the Personal Data we hold about you, or if you wish to exercise any of your rights, please contact us.
- Updating your information
If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.
- Withdrawing your consent
You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
- Access Request
In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
- Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection.
Validity and questions