LED CREATIVE LIMITED
1. Introduction to this Policy
1.2. You should read this Policy carefully as it contains important information about how we will use your Information (as defined below in clause 4.1). In certain circumstances (see below) you will be required to indicate your consent to the processing of your Information as set out in this Policy when you first submit such Information to or through the Website. For further information about consent see clause 7 below.
1.3. We may update this Policy from time to time in accordance with clause 18 below. This Policy was last updated on 25th May 2018.
2. About us
2.1. The terms “LED Creative” or “us” or “we” refer to LED Creative Limited which is a company registered in England and Wales under company number 08241189 whose registered office is at HJP, Audley House, Northbridge Road, Berkhamsted HP4 1EH. The term “you” refers to the individual accessing and/or submitting Information to the Website or otherwise providing information to us.
2.2. Information may have been collected from you by any LED Creative group company but is transferred and held by us in accordance with this Policy.
2.3. We, as the Data Controller, can be contacted via email on email@example.com or telephone: +44 (0) 1727 569387.
3. Data Protection
3.1. References in this Policy to:
3.1.1. “Privacy and Data Protection Requirements” means: the Data Protection Act 1998 (until repealed) (“DPA”), the Data Protection Directive (95/46/EC) (until repealed) and, from 25 May 2018, the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction; and
3.1.2. “Personal Data”, “Data Controller” and “Data Processor” and “processing” shall have the meanings given to them in the DPA or, from 25 May 2018, the GDPR.
3.2. For the purposes of applicable Privacy and Data Protection Requirements, we (LED Creative) are a Data Controller and therefore we are responsible for, and control the processing of, your Personal Data in accordance with applicable Privacy and Data Protection Requirements. “Personal Data” has a legal definition but, in brief, it refers to information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. Such information must be protected in accordance with applicable Privacy and Data Protection Requirements.
4. Information we may collect about you
4.1. When you use the Website and/or when you otherwise deal with us we may collect the following information about you (“Information”):
4.1.1. personal information including title, first and last name, date of birth
4.1.2. contact information including current residential address, primary email address and/or primary phone number;
4.1.3. technical information including IP address, operating system, browser type and related information regarding the device you used to visit the Website, the length of your visit and your interactions with the Website;
4.1.4. information obtained through our correspondence and monitoring in accordance with clause 4.2 below; and
4.1.5. details of any enquiries made by you through the Website and any offline channels, together with details relating to subsequent correspondence (if applicable).
4.3. Occasionally we may receive information about you from other sources, for example any agents, third-party media partners, repair technicians you connect with through the Website, online/offline events or from any third-party websites and applications that integrate or communicate with the Website in relation to you. If so, we will add this information to the information we already hold about you in order to help us carry out the activities listed below.
5. How long we keep your Information
5.1. Subject to clause 5.2, we will keep your Data only for the purposes set out in the table below for the periods set out below:
5.1.1. where we are processing your Information on the basis of consent or engage in any communication that warrants us to perform a service to you (as set out in the table below) we will hold your data until consent is withdrawn.
5.2. If required, we will be entitled to hold Information for longer periods in order to comply with our legal or regulatory obligations
6. Legal basis for processing your information
6.1. From 25 May 2018, under applicable Privacy and Data Protection Requirements we may only process your Information if we have a “legal basis” (i.e. a legally permitted reason) for doing so. For the purposes of this Policy, our legal basis for processing your Information is set out in the table below.
|Why we will process your Information||The legal basis for which is|
|to provide services to you in accordance with any communication that you have registered with us relating to a product or service.
These services may include but are not limited to rental/sales support, version updates, advice or repair of products.
|this is necessary for the performance of the contract between us and Information is processed to enable us to provide services to our users.|
|to conduct questionnaires, surveys and research into customer satisfaction.||subject to your rights in paragraph 15 below, this is done in accordance with our legitimate interests of providing services and products to you and ensuring that we continue to monitor and improve those services and products.|
|to operate, administer, maintain, provide, analyse and improve the Website and the services available through the Website.||this is necessary for the performance of the contract between us and Information is processed to enable us provide services to our users.|
|to investigate and address any comments, queries or complaints made by you regarding the Website or any of our products or services, and any similar or related comments, queries or complaints from other users.||this is necessary for the performance of the contract between us and Information is processed to enable us provide services to our users.|
|to ensure that content from the Website is presented in the most effective manner for you and for your device.||this is necessary for the performance of the contract between us and Information is processed to enable us provide services to our users.|
|to allow you to participate in interactive features of the Website, including inputting information and providing feedback.|
|to notify you about changes to the Website or any product warranty.|
|to disclose your information to selected third parties as permitted by this Policy (see clause 10).||this is subject to your continued consent.|
|to contact you for marketing purposes (see ‘Marketing and opting out’ in clause 8).||we send out marketing communications based on our legitimate interests of providing a professional services business. The method of communication may vary as set out below:
• we may send you information via post;
• we will only contact you via your personal email address or text message if:
(i) you have given your consent (see ‘Marketing and opting out’ in clause 8);or
(ii) you have previously bought goods and services from us and we are contacting you to let you know about similar goods and services that we offer (see ‘Marketing and opting out’ in clause 8).
You have the right at any time to let us know that you no longer wish to receive marketing communications from us.
|where required by (but not limited to) any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity.||this is necessary for compliance with a legal obligation.|
7. Your consent to processing
7.1. As noted above, you will be required to give consent to certain processing activities before we can process your Information as set out in this Policy. Where applicable, we will seek this consent from you when you first submit Information to or through the Website.
7.2. If you have previously given consent you may freely withdraw such consent at any time. You can do this through your account on the Website or by notifying us in writing (see clause 21).
7.3. If you withdraw your consent, and if we do not have another legal basis for processing your information (see clause 6 above), then we will stop processing your Information. If we do have another legal basis for processing your information, then we may continue to do so subject to your legal rights (for which see clause 15 below).
7.4. Please note that if we need to process your Information in order to operate the Website and/or provide our services, and you object or do not consent to us processing your Information, the Website and/or those services may not be available to you.
8. Marketing and opting out
8.1. Where you have previously ordered products or services from us we may contact you by telephone and email and post about similar or related products, services, promotions and special offers that may be of interest to you. We will inform you (during the sale process) if we intend to use your data for such purposes and give you the opportunity to opt-out of receiving such information from us. In addition, and if you have given permission, we may also contact you by telephone and email about our other products, services, promotions and special offers that may be of interest to you. We will inform you (before collecting your data) and seek your permission if we intend to use your data for such additional marketing purposes. If you prefer not to receive any direct marketing communications from us, or you no longer wish to receive them, you can opt out at any time (see below).
8.2. If you have given permission, we may contact you by mail, telephone and email to provide information about products, services, promotions, special offers and other information we think may be of interest to you. We will inform you (before collecting your data) if we intend to use your data for such purposes. If you would rather not receive such marketing information from us, or you no longer wish to receive it, you can opt out at any time (see below).
8.3. If you have given permission, we may share your personal data with carefully selected third party organisations and business partners and they may contact you directly (unless you have asked them not to do so) by mail, telephone and email about products, services, promotions and special offers that may be of interest to you. We will inform you (before collecting your data) and seek your permission if we intend to disclose your data to third parties for such purposes. If you prefer not to receive direct marketing communications from our business partners, or you no longer wish to receive them, you can opt out at any time (see below).
8.4. You have the right at any time to ask us, or any third party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to firstname.lastname@example.org or contact the relevant third party using their given contact details, giving us or them enough information to identify you and deal with your request. Alternatively, you can follow the unsubscribe instructions in emails you receive from us or them.
9. Disclosure of your information
9.1. We may disclose your Information (including Personal Data):
9.1.1. to other companies within our group of companies (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006), some of which are located outside of the EEA, (please see clause 13 for more information on how we transfer data overseas);
9.1.2. to our business partners, service providers or third-party contractors to enable them to undertake services for us and/or on our behalf (and we will ensure they have appropriate measures in place to protect your Information);
9.1.3. to any prospective buyer or seller (and their representatives) in the event that we sell or buy any business or assets;
9.1.4. if we are under a duty to disclose or share Personal Data in order to comply with any legal obligation, including (but not limited to) any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity; and
9.1.5. to other third parties if you have specifically consented to us doing so.
9.2. We may disclose aggregated, anonymous information (i.e. information from which you cannot be personally identified), or insights based on such anonymous information, to selected third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of the Website. In such circumstances we do not disclose any information which can identify you personally.
9.3. If our whole business is sold or integrated with another business your Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
10. Keeping your Information secure
10.1. We will use technical and organisational measures in accordance with good industry practice to safeguard your Information, including the use of data encryption.
10.2. While we will use all reasonable efforts to safeguard your Information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any Information that is transferred from you or to you via the internet.
We may monitor communications with you (such as emails) for the purposes of provision of services, quality assurance, training, fraud prevention and compliance purposes. Any information that we receive through such monitoring and communication will be added to the information we already hold about you and may also be used for the purposes listed in clause 6 above.
12.1. From time to time we may need to transfer your Information to countries outside the European Economic Area, which comprises the EU member states plus Norway, Iceland and Liechtenstein (“EEA”).
12.2. Such countries may not have similar protections in place regarding protection and use of your data as those set out in this Policy. If we do transfer your Information to countries outside the EEA we will take reasonable steps in accordance with applicable Privacy and Data Protection Requirements and work with our suppliers and partners to ensure adequate protections are in place to ensure the security of your Information, including: use of approved contractual clauses.
12.3. By submitting your Information to us in accordance with this Policy you consent to these transfers for the purposes specified in this Policy.
13. Information about other individuals
If you give us information on behalf of a third party, you confirm that the third party has appointed you to act on his/her/their behalf and has agreed that you can: give consent on his/her/their behalf to the processing of his/her/their Information; receive on his/her/their behalf any data protection notices; and give consent to the transfer of his/her/their Information abroad (if applicable).
14. Your rights
If you are an individual, this section sets out your legal rights in respect of any of your Personal Data that we are holding and/or processing. If you wish to exercise any of your legal rights you should put your request in writing to us (using our contact details in clause 21 below) giving us enough information to identify you and respond to your request.
14.1. You have the right to request access to information about Personal Data that we may hold and/or process about you, including: whether or not we are holding and/or processing your Personal Data; the extent of the Personal Data we are holding; and the purposes and extent of the processing.
14.2. You have the right to have any inaccurate information we hold about you be corrected and/or updated. If any of the Information that you have provided changes, or if you become aware of any inaccuracies in such Information, please let us know in writing giving us enough information deal with the change or correction.
14.3. You have the right in certain circumstances to request that we delete all Personal Data we hold about you (the ‘right of erasure’). Please note that this right of erasure is not available in all circumstances, for example where we need to retain the Personal Data for legal compliance purposes. If this is the case, we will let you know.
14.4. You have the right in certain circumstances to request that we restrict the processing of your Personal Data, for example where the Personal Data is inaccurate or where you have objected to the processing (see clause 15.6).
14.5. You have the right to request a copy of the Personal Data we hold about you and to have it provided in a structured format suitable for you to be able to transfer it to a different data controller (the ‘right to data portability’). Please note that the right to data portability is only available in some circumstances, for example where the processing is carried out by automated means. If you request the right to data portability and it is not available to you, we will let you know.
14.6. You have the right in certain circumstances to object to the processing of your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which override your own interests. If, as a result of your circumstances, you do not have the right to object to such processing then we will let you know.
14.7. You have the right in certain circumstances not to be subject to a decision based solely on automated processing, for example where a computer algorithm (rather than a person) makes decisions which affect your contractual rights. Please note that this right is not available in all circumstances. If you request this right and it is not available to you, we will let you know.
14.8. You have the right to object to direct marketing, for which see clause 8.4 above.
If you have any concerns about how we collect or process your Information then you have the right to lodge a complaint with a supervisory authority, which for the UK is the UK Information Commissioner’s Office (“ICO”). Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123
Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns/.
16. ‘Cookies’ and related software
16.1. Our software may issue ‘cookies’ (small text files) to your device when you access and use the Website and you will be asked to consent to this at the time (e.g. when you first visit our website). Cookies do not affect your privacy and security since a cookie cannot read data off your system or read cookie files created by other sites
16.3. You can set your system not to accept cookies if you wish (for example by changing your browser settings so cookies are not accepted), however please note that some of our Website features may not function if you remove cookies from your system. For further general information about cookies please visit www.aboutcookies.org or www.allaboutcookies.org.
16.4 In addition, in order to deliver the best advertising to customers, we use behavioural targeting advertising services provided by the following companies using cookies. If you want to disable this service, access the company’s page provided below and follow the instructions.
(1) Google, Inc.
You can opt-out from the following site:
(2) Facebook, Inc.
You can opt-out from the following site:
16.5 Our Website records contain information on the people who have accessed it in an access log, as described below:
The access log includes the IP address, domain name, browser, access date/time, etc., of those people accessing our Website. We shall not use these access logs for the purpose of collecting personal information, nor shall we use them in combination with any information which may identify you as an individual.
We shall inform you of each purpose of using your access logs combined with your personal information when we use them for any purpose except as provided below:
Responding to inquiries that occur when you use our services
Creating statistical data, which do not identify individuals.
There is also a tracking system based on the use of third-party cookies employed in parts of the LED Creative website in order to gather anonymous statistical information which is not linked to specific personal information.
16.7 The LED Creative website uses Google AdWords, Facebook and other remarketing tools so third-party vendors can advertise our products via websites across the internet. Our remarketing will display relevant adverts tailored to you based on your activity on our websites. This works by placing a cookie on your computer/device. Third-party vendors, including Google, use these cookies to serve ads based on your past activity on our websites. This cookie does not identify you or give access to your computer. The cookie is used to say “This person visited this page, so show them ads relating to that page.”
Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you. We may use remarketing in the following ways::
Show ads to you based on past website visits as you browse third-party Display Network websites and use Display Network apps.
Dynamic ads based on specific products or services that you viewed on our website.
Show ads as you use third-party mobile apps or browse other mobile websites.
Display ads if you carry out follow-up searches for a related product on Google, after leaving our websites.
Serve related ads when using YouTube or browsing Display Network videos, websites and apps.
Remarketing based on an email address that you’ve given us. This might include tailored ads when you’re signed in to Google Search, YouTube or Gmail.
17. Changes to this Policy
17.1. We keep this Policy under regular review and may change it from time to time. If we change this Policy we will post the changes on this page, and place notices on other pages of the Website as applicable, so that you may be aware of the Information we collect and how we use it at all times. You are responsible for ensuring that you are aware of the most recent version of this Policy as it will apply each time you access the Website.
17.2. This Policy was last updated on 25th May 2018.
18. Links to other websites
18.1. Our Website may contain links to other websites. This Policy only applies to our Website. If you access links to other websites any Information you provide to them will be subject to the privacy policies of those other websites.
18.2. We have no control over third party websites or systems and accept no legal responsibility for any content, material or information contained in them. Your use of third party sites or systems will be governed by the terms and conditions of that third party. It is your responsibility to ensure you are happy with such third-party terms and conditions.
18.3. The display of any hyperlink and/or reference to any third-party website, system, product or service does not mean that we endorse that third party’s website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.
This Policy aims to provide you with all relevant details about how we process your Information in a concise, transparent, intelligible and easily accessible form, using clear and plain language. If you have any difficulty in reading or understanding this Policy, or if you would like this Policy in another format (for example audio, large print or braille), please get in touch with us.
20. Contact us
We welcome your feedback and questions on this Policy. You can contact us anytime via email email@example.com or telephone: +44 (0) 1727 569387.
© LED Creative Limited 2019 – All rights reserved