Privacy Notice

Overview

Maintaining the security of your data and ensuring that you are in control of how your data is handled is a priority at John Darke Ltd. We are dedicated to ensuring that we are transparent about the data that we collect about you, how we use it and the conditions whereby we may disclose your data to others. We will ensure that your data is kept secure and that you are aware of the steps we have taken to ensure the security of your private information.

John Darke Ltd takes the security of your data very seriously and strictly adheres to the United Kingdom Data Protection Act 1998 and the General Data Protection Regulation 2016/679 . Any questions relating to this notice and our privacy practices should be sent to info@john-darke.co.uk

In addition to our Data Protection & Privacy, this notice applies whether you visit our dealership or our website, and aims to provide you with information about:

Personal data we collect
How we may use your personal data
Your legal rights relating to your personal data

Personal data we collect

We will only collect relevant data to enable us to carry out the service you have requested or accessed, below we have set out in more detail about the personal data we collect and why we collect it. We review our retention periods regularly and will only hold your data for as long as it is necessary for the original purpose it was collected for, as required by law or as set out in any relevant contract we have with you.

Service Booking

To make an online vehicle service or MOT booking via www.john-darke.co.uk or over the phone, we require your name, contact information and vehicle details. This information is required so that we can arrange your booking and send you your booking confirmation through your preferred contact method (telephone or email or SMS).

If you have purchased a vehicle from John Darke Ltd or you have previously had a service at our dealership our aftersales system will have stored your information, along with your service and MOT due date. We will send you our yearly service/MOT reminder as we feel it will be in your Legitimate Interest to know when these events occur. If you prefer not to receive these reminders they can be stopped at any time by contacting the dealership using the details at the end of this notice.

If you do not visit our dealership for more than 36 months, your details will be deleted for marketing purposes but may be retained for Contractual Obligation had you purchased your vehicle from us within the last 7 years.

Vehicle Search

When you search for a new or used vehicle on our website we may store information on the vehicles you searched for and viewed in a cookie so that we can provide personalised content, and suggest other vehicles you may also be interested in.

Online Enquiry

If you enquire about one of our vehicles we require your name, email address and contact telephone number to able us to respond to your enquiry. We will continue to discuss your enquiry with you for up to 6 months after your initial enquiry or if applicable, the new vehicle you enquired about becomes available (whichever is greater).

Test Drive or Courtesy Car

If you book a test drive, take a courtesy car from our aftersales department or hire a vehicle we require a copy of your driving licence and insurance certificate (where applicable), we will store a copy of this in case of any speeding, parking or other motoring offence that may occur.

Sell your car

If you request a valuation for your current vehicle we require your vehicle details including registration number, mileage, plus your name, email address and telephone number so that we can send you your indicative valuation. If you decided not to proceed with your valuation we will delete your details within 6 months after the expiration of your valuation.

Vehicle Purchase

If you decide to purchase a vehicle from John Darke Ltd, at the point of sale under a Contractual Obligation we will collect your full name, address, contact number, date of birth, driving licence details, payment details, details of the vehicle you are buying and, if applicable, details of the vehicle you will be using as a part exchange. Your details will not be used for marketing purposes unless you provide consent for us to do so. If you purchase a new vehicle we will be Contractually Obliged to send your details to the manufacturer for warranty, registration and recall purposes.

Vehicle Finance

If you require finance for your vehicle purchase, we will require additional information including marital and housing status, number of dependents, previous address, occupation, employer, business address and bank details, in addition we will also require proof of address (i.e. utility bill) and any other relevant information. With your permission this information will be passed to our selected finance partners. Your personal information will be stored within your deal file which will be stored for 7 years. At the end of your finance agreement we will contact you to discuss your end of finance arrangements and where applicable arrange the required arrangements to fulfil the contract – for example end of finance term vehicle return and appraisal.

In Dealership Visit

We operate CCTV at our dealership to monitor the premises, therefore your image and vehicle registration may be captured and stored for up to 60 days.

Competitions

If you enter one of our competitions, we require your name, email address and telephone number so that we can contact the winner. Competitions are subject to the following terms and conditions;

Competitions are open to all UK residents aged 21 and over.
A fully completed entry form must be placed in the entry box along with the answer to the entry question, location of which can be found within the specific competition terms and conditions.
Entry into the Prize Draw will be deemed to imply acceptance of the Terms and Conditions.
There will be no cash alternative to the Prize.
Only one entry per person will be accepted.
Incomplete, damaged or illegible entries will not be accepted.
The draw will take place on the date specified within the competitions terms and conditions under independent supervision and the winner will be the first name drawn.
The winner of the Prize will be notified as soon as possible.
The winner’s name and county will be available by sending a stamped addressed envelope to the address below.
John Darke ltd reserve the right to substitute an alternative prize should they deem it necessary PROVIDED that any substituted prize shall be of no less value than the original prize.
If John Darke Ltd is prevented from completing the Competition by reason of any circumstances beyond its control, John Darke Ltd shall under no circumstances be liable to any party whatsoever.
No one connected with the Competition or its sponsor is eligible for entry.
No correspondence will be entered into.
Winners may upon reasonable notice being given be required by John Darke Ltd to participate in any publicity concerning the competition, such publicity to include but not be limited to participation in photographs.
No purchase is necessary.

Contact by phone

Should you call our dealership or should we contact you in response to an enquiry, your phone call may be recorded and will be retained for a maximum of 6 months. The recording will be used for quality and training purposes only.

How we may use your personal data

Where you have provided consent;

John Darke Ltd uses your personal data for marketing purposes and we may contact you to update you in accordance with your selected marketing preferences.

Via email, text message, post or telephone with offers, services and other related products.

You have the right to opt out of receiving promotional communication at any time by;

Contacting John Darke Ltd via the contact details set out in this notice.

Where there is a legitimate interest;

We may use and process your personal information where it is necessary for us to pursue our Legitimate Interest as a business for the following purposes;

Automated Processing

When visiting our website, we may collect data directly from you as set out in this notice, as well as analysing your browsing and purchasing activity, both online and in dealership, along with your previous response to marketing communications. The results of this data (collected by Cookies) allow us to ensure that we contact you with information on products and offers that are relevant to you. To do so, we use automated profiling software.

John Darke Ltd recommend that you accept cookies for the following reasons;

They enable us to customise elements of our websites for you to provide you with relevant content and offers based on your previous browsing history.
We are able to recognise how many users are accessing our website so that we can ensure we have enough capacity and that our pages load within an acceptable time for visitors.
It helps us to identify errors with the website and resolve them effectively.
They allow us to collect statistical, anonymous information about how our visitors browse our site so that we can improve customer experience.
It informs us which sections of our site are the most popular and how we can improve those that do not perform well.

Website Banner Marketing

If you visit our website, you may receive personalised banner advertisements whilst browsing other websites including but not limited to search engines and social networking. Any banner advertisement you will see will relate to products you have viewed whilst browsing our website on your computer or other devices.

These advertisements are provided by John Darke Ltd using ‘Cookies’ placed on your computer or other device. You can remove or disable cookies at any time – see our cookies notice for more information.

Social Media

You may receive advertising based on information about you that we have provided to the social media platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it receives from us.

For the Prevention of fraud and other criminal activities
To undertake credit checks for finance
To correspond and communicate with you
To comply with a request from you in connection with the exercise of your rights

For example – where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression list in order to be able to comply with your request)

For accuracy of data

In order to keep our data up to date and accurate improvements may be made to our database e.g. by consolidating records we hold about you.

General Administration

We may need to process your data to manage your queries, complaints, or claims and may result in us contacting you by the contact details you have previously provided.

Where required to perform a Contract with you;

We may use and process your personal data where it is necessary for the performance of a contract with you or in order to take steps at your request before entering into a contract with you including for the following purposes;

To exchange information for warranty / aftersales to the relevant manufacturer of your vehicle.
To exchange information with the service plan provider for your vehicle.
The purchase of a vehicle.

Where it is in your Vital Interest;

We may use your personal information to contact you if there are urgent safety or product recall notices to communicate to you or where we otherwise reasonably believe that the processing of your personal information may prevent or reduce any potential harm to you.

Where required to comply with our Legal Obligation;

We will use your personal data to comply with our Legal Obligation including: (i) to assist HMRC, the Police, the Driver and Vehicle Licensing Agency (DVLA) or any other public authority or criminal investigation body; (ii) to identify you when you contact is; and (iii) to verify the accuracy of data that we hold about you.

Cookies

We use cookies to enhance the experience for visitors to our website. Cookies are small files which help us to track and identify visitor preferences which enable us to deliver relevant content and help visitors navigate the website.

The cookies that we use do not store any confidential information about you. You may wish to disable these cookies however disabling these cookies may prevent you from using certain parts of John Darke Ltd website efficiently. The following are the third-party cookies we use on www.john-darke.co.uk

Disable cookies

You may wish to disable these cookies however disabling these cookies may prevent you from using certain parts of John Darke Ltd website efficiently.

Collection of general data and information

Our website collects a series of general data. This general data and information is stored in the server log files. General data includes (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using general data and information, we do not draw any conclusions about visitors. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, we only analyse anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by individuals.

Sharing Data with third parties

In order to make certain services available to you, we may disclose your personal information to third parties. We will only disclose the minimum amount of personal data in order to provide the service. We have data sharing agreements in place with each of our third-party suppliers and have completed the necessary security checks to ensure that your data is kept safe once it is passed to them. Our third-party suppliers only have the rights to use your data for the purpose of fulling the service required of them, they do not have marketing rights over your data, unless you have specifically expressed third party consent. Your data will be shared with third parties under the following circumstances;

If your enquiry leads to the purchase of a new vehicle your information will be shared with the relevant manufacturer for warranty, registration and safety recall purposes. We will ask for your consent to pass your information to the manufacturer for marketing purposes. We recommend that you read the manufacturers privacy policy to see how they will use your data.
If your enquiry leads to the purchase of a vehicle with a finance agreement, we will disclose your information to our selected finance partners. If you are accepted for finance, the finance company will become the data controller for your information and we recommend that you read their privacy policy to see how they will use your data.
If we provide you with a Service Plan quote we will disclose your information to our Service Plan partner. If you decide to purchase a Service Plan from us the plan provider will act as a Data Processor on our behalf. If you decide not to proceed with your Service Plan quote your details will be deleted within 6 months.
To ensure that the data we hold remains up to date our databases are cleansed every 6 months. If we are notified that you are no longer the registered owner of the vehicle we once attributed to you, the vehicle will be detached from your records.

Marketing

When you provide us with your personal data we may ask you to set your marketing preferences with us so that you can choose (if any) the information you’d like to hear more about as set out in the ‘When Consent is required’ section. This may be done by;

Registering for offers via our website; or
Visiting one of our dealerships / contacting us via telephone

If you opt-in to receive marketing from manufacturers, we recommend that you read their privacy policy to see how they will use your data and how to alter your marketing preferences with them should you wish to in the future.

From time to time, we may ask you to refresh your marketing preferences by asking you to confirm that you consent to continue receiving marketing information from us.

Your Rights

You have a number of rights in relation to your personal information under the data protection law. In relation to certain rights, we may ask you for your information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received this information or, where no such information is required, after we have received your request.

Accessing your personal information

You have the right to ask for a copy of the information we hold about you by emailing or writing to us. We may not provide you with a copy of your information if this concerns other individuals or we have another lawful reason to withhold that information.

Correcting and updating your personal information

The accuracy of your information is important to us. If you change your name or address/email address, or you discover that any of the other information we hold about you is inaccurate or out of date, please let us know by contacting us via the details at the end of this notice.

Withdrawing your consent

Where we rely on your consent as the legal basis for processing your personal information, as set out under ‘How we use your personal data’ section, you may withdraw your consent at any time by contacting us using the details at the end of this notice. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, you can do this by contacting us on info@john-darke.co.uk, writing to John Darke Ltd, A16 Garage, Grimsby Road, Louth, Lincolnshire, LN11 0EA, or calling 01507 603451. If you withdraw your consent, our use of your personal information before you withdraw is still lawful.

Objecting to our use of automated processing

You may contest to a decision made about you based on automated processing by contacting us on the details at the end of this notice.

Erasing your personal information or restricting its processing

In certain circumstances, you may ask for your personal data to be removed from our systems by emailing or writing to us at the address at the end of this notice. Unless there is a reason that the law allows us to use your personal information for longer, we will make reasonable efforts to comply with your request.

You may also ask us to restrict processing your personal data in the following situations;

Where you believe it is unlawful for us to do so,
You have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings.

In these situations, we may only process your personal information whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company in connection with legal proceedings.

Transferring your personal information

Where we rely on your consent as the legal basis for processing your personal information or need to process it in connection with your contract, as set out under section ‘How we use your personal data’ you may ask us to provide you with a copy of that information in a structured data file. We will provide this to you electronically.

We may not provide you / transfer you a copy of your data if this concerns other individuals or we have another lawful reason to withhold that information.

Complaining to the UK data protection regulator

You have the right to complain to the Information Commissioners Officer (ICO) if you are concerned about the way we have processed your personal information. Please visit the ICO website for further details.

How to contact us

Please contact us if you have any questions about our Data Protection & Privacy, Information and Cyber Security Policy, this privacy notice or information we hold about you:

By email: info@john-darke.co.uk

Or write to us at: John Darke Ltd, A16 Garage, Grimsby Road, Louth, Lincolnshire, LN11 0EA.

Changes to our Privacy & Cookies Policy

Any changes we make to our Data Protection & Privacy, Information and Cyber Policy or this Privacy Notice in the future will be published on this page and, where appropriate, notified to you by email.

This notice was last updated: 19th April 2018

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