Legal

Legal

BACKGROUND:

Bangor Tyre Service Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

 

Information About Us

Bangor Tyre Service Ltd

Limited company registered in England & Wales under company number 06542141

Registered address: Bangor Tyre Service Ltd, Caernarfon Road, Bangor, Gwynedd, LL57 4SU

Main trading address: Bangor Tyre Service Ltd, Caernarfon Road, Bangor, Gwynedd, LL57 4SU

VAT number: 456913327

Data Protection Officer: Stuart Thomas

Email address: bangortyres@hotmail.co.uk

Telephone number: 01248 361294

Postal Address: same as main trading address.

What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

  1. a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.

  2. b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.

  3. c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.

  4. d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.

  5. e) The right to restrict (i.e. prevent) the processing of your personal data.

  6. f) The right to object to us using your personal data for a particular purpose or purposes.

  7. g) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

  8. h) Rights relating to automated decision-making and profiling. Part 6 explains more about how we use your personal data, including automated decision-making and profiling.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

  • Name & Title;

  • Address;

  • Email address;

  • Telephone number;

  • Business name;

  • Job title;

  • Payment information;

 

How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our   legitimate business interests to use it. Your personal data will be used for the following purposes:

  • Providing and managing your account.

  • Supplying our products and services to you. Your personal details are required in order for us to enter into a contract with you.

  • Communicating with you. This may include responding to emails or calls from you.

With your permission and/or where permitted by law, we may also use your personal data for reminder purposes, which may include contacting you by email, telephone, text message and/or post with information on the expiry of your vehicles MOT. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • We will delete personal data after an account has remained inactive for a period of 5 years.

How and Where Do You Store or Transfer My Personal Data?

We will only store your personal data in the UK. This means that it will be fully protected under the GDPR.

Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to one important exception.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 2 weeks and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Martin Hill):

Email address: bangortyres@hotmail.co.uk

Telephone number: 01248 361294

Postal Address: Bangor Tyre Service Ltd, Caernarfon Road, Bangor, Gwynedd, LL57 4SU

Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available on our website.

Terms and Conditions

We the Company “Bangor Tyre Services Ltd” accept vehicles in order to provide Goods and/or Services. Services includes, but is not limited to repairs, inspection, determining and estimating repairs, storage, garaging or pending sale or for any other purpose. The provision of Goods and Services are subject to the following terms and conditions:
Orders / Estimates / Deposits

1. Estimates are valid for 28 days from the date given. If instructions are not received from a customer (in response to an estimate rendered) within 28 days, the Company may invoice for reasonable storage charges from the date that the vehicle was received until its collection. (Note: the company does not, as a general rule make any such charge for garaging pending instructions, if the repairs are ultimately carried out by the Company and duly paid for).

2. (i) All estimates by the Company are subject to change caused by variations to the Company of labour, material and spare parts at the date of estimate. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation.

(ii) If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied.

(iii) The company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.

Variations to the estimate, the scope of the repair or work, the prices chargeable shall be subject to all these terms and conditions, and so that any such variation shall not be deemed to constitute or create a new or separate contract.

3. Orders received, for Goods and/or Services, from any driver employed by the Customer or by any person who is reasonably believed to be acting as the Customer’s agent or by the order of any person to whom the Company is entitled to make delivery of the vehicle shall be binding upon the Customer.

4. The Company may demand a deposit before commencing any work. The customer shall co-operate with the Company in all matters relating to the Services.
Delivery / Completion

5. Every endeavour will be made to provide the Goods and/or Services by the estimated time, but the Company shall not be liable for any delay in completing the Goods and/or Services. Time shall not be of the essence in respect of this clause. Risk passes on delivery or where relevant on collection.
Payment

6. Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work, unless the Customer has agreed account terms with the Company. The goods and/or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services.

7. The Company shall have a general lien on all of the Customer’s vehicles and all of their contents for all monies owing to the Company by the Customer on any account whatsoever. The Company shall be entitled to reasonable storage charges during any period in which the vehicle is retained by virtue of the lien.

8. If the Customer’s indebtedness to the Company is not satisfied within three months from the date of the first invoice to the Customer (or three months past the agreed credit terms if an account is held), the Company may without notice sell any vehicle owned by the Customer and/or the contents thereof by public auction or private treaty. The net proceeds of the sale shall be applied towards the satisfying monies due from the Customer to the Company, and any balance shall be paid by the Company to the Customer on demand.
Collection

9. Where in any case a driver who, so far as the Company is aware has the authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss of damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company’s account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then or to have been at some time, connected with the Customer.

10. If a vehicle is not collected, the Company may charge reasonable storage costs in respect of the vehicle from the date of completion of the repairs until collection or disposal under Section 8 hereof or as the case may be.
Limitation of Liability

11. Where the Customer is not a consumer, all statements, conditions or warranties as to quality of the Goods or their fitness for purpose whether expressed or implied by law or otherwise are hereby expressly excluded.

12. Where the Customer is not a consumer, all statements, conditions or warranties as to performing the Service to a reasonable standard of care whether expressed of implied by law or otherwise are hereby expressly excluded.
General

13. The Company is not responsible for loss or damage to vehicles or other property whatsoever or however occasioned except when such loss or damage is caused by the sole negligence or deliberate act of the Company or its servants. Under no circumstances will the Company accept liability for loss or damage outside its control for any indirect loss, consequential loss, loss of profits, loss of business, loss of use or any special loss.

14. The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied or any sub-contractor. All work carried out by the Company is warranted against failure due to defective work for a period of three months/3000 miles, whichever occurs the first. This warranty extends to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.

15. All parts removed by the Company in the course of the repair shall, if not claimed by the Customer within 14 days after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.

16. Any notice to the Customer posted to his last known address shall be good notice. Any query regarding this invoice is to be made within 14 days of receipt.

17. Save where the context forbids, the expression ‘vehicle’ wherever used in these Conditions includes car, lorry, van, trailer, caravan, invalid carriage, and cycle and as a separate unit or otherwise, engine, axle, gearbox, clutch, generator, starter, battery, and each and every component of a vehicle.

18. No alteration or qualification of these printed terms and conditions shall be effective unless in writing, signed on behalf of the Company by a Director or a duly authorised officer of the Company. No other person has the authority to alter or qualify in any way the above printed conditions or to enter into any contract for repair for any of the purposes set out in the preamble above on behalf of the Company otherwise than on such conditions.

19. Unless otherwise stated, all service work undertaken is carried out in accordance with the manufacturer’s schedule.

20. Customers are strongly advised to remove all items of value not connected with the vehicle when leaving it on the Company’s premises. The Company cannot accept liability for any loss or damage to the same except in consumer transactions when this is shown to have been caused by a lack of reasonable care on the part of the Company.

21. If the Company’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Company shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.

22. The Customer shall be liable to pay to the Company, on demand, all reasonable costs, charges or losses sustained or incurred by the Company arising directly or indirectly from the Customer’s fraud, negligence or failure to perform or delay in the performance of any of its obligations under the terms and conditions.

23. The Company shall have no liability to the Customer under the terms and conditions if it prevented from, or delayed performing, its obligations under the terms and conditions or from carrying on its business by acts, events, omissions, or accidents beyond its reasonable control, including (without limitation) strikes, lockouts, or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction, accident, breakdown of plant machinery, fire, flood, storm or default of suppliers or subcontractors.