Data Protection Notice And Call Recording Policy

1. Introduction

Welcome to the notice of Bandvulc.  (“Bandvulc” “we” “us” or “our”). Bandvulc Tyres Ltd is a trading entity is a wholly owned subsidiary of Continental U.K. Group Holdings Ltd.

Bandvulc respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

2. The data we collect about individuals

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, last name and title (and if you are a delegate on one of our training courses, or attend a marketing event, may include a photograph or other image of your likeness), CCTV footage username or similar identifier and, in some cases (such as when we arrange hire cars for suppliers or journalists or you enter a competition) date of birth, gender and driving license details or (such as when we help customer representatives with visa applications) passport, visa and other identification details.
• Contact data includes billing address, delivery address, email address and telephone numbers.
• Financial data includes bank account details (if, for example, you place orders with us in the capacity of a sole trader) and/or 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 or through our dealer network. In the case of warranty claims or complaints in relation to our tyre products, this will also include information about your vehicle registration/mileage/tyres.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses
• Technical data may include 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 our website and/or WiFi.
• 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 your communication preferences.

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:

• Engage us to provide our products or services or we engage you to provide products or services to us (or your employer does and you provide us with this data in the course of your employment).
• Request marketing to be sent to you.
• Take part in a survey or competition
• Make an enquiry through our website or by email or by telephone (including through our telephone contact centre – please note that we record calls and keep records of website interactions, including for training and development purposes).
• Visit our premises (such as CCTV recordings and Contact and Identity details given via our iPad visitor log system)
• Give us some feedback or contact us.
• Attend marketing events.
• Attend training courses; or require assistance with a VISA application.

• Automated technologies or interactions. As you interact with our website or WiFi systems, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

• Identity data, contact data, financial data, transaction data, profile data and marketing and communications data from:
• our dealer network located in the UK to whom we supply tyres (for example, in relation to tyre returns or complaints)
• third parties acting on behalf of our dealers (for example, in relation to promotions we participate in and which the end users of our tyres may sign up for)
• Technical data from analytics providers such as Google based inside or outside the EU.
• Financial and transaction data from banks based inside or outside the UK and the EU.
• Identity and contact data from publicly availably sources such as Companies House based inside and outside the UK and the EU and/or public websites which display information about you, such as LinkedIn.
• Identity and contact data from the providers of conferences which you and we may attend.
• Identity and contact data from industry bodies such as the National Tyre Distributors Association (NTDA) and the Institute of the Motor Industry (IMI) who engage us to provide training services.
• Identity and contact data from your employer if they are engaged to provide products or services to us.
• Identity, contact and financial data from credit reference agencies.

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 third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

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 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. 

5. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think your organisation may want or need, or what may be of interest to your organisation. This is how we decide which products, services and offers may be relevant for your organisation (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or services from us or if you provided us with your details or when you took part in a survey or promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside Bandvulc or the Continental group of entities (as defined under Internal Third Parties) for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us 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 service.

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.

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.

6. 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.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out 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.

7. International transfers

We share your personal data within the Continental worldwide group of companies (as defined under Internal Third Parties). This may involve transferring your data outside the UK and/or outside the European Economic Area (EEA).

Some of our External Third Parties are based outside the UK and the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the UK and the EEA.

Whenever we transfer your personal data out of the UK and the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers in or otherwise transfer data to countries which do not have an adequate level of protection for personal data, we may use specific contracts approved for use in the UK and/or by the European Commission which give personal data the same protection it has in the UK or, as applicable, the EEA. 
• For transfers of data to other members of the worldwide group of companies outside the UK, we will ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

8. 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.

9. Data retention

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 set out in the table Purposes for which we will use your personal data above.

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.

10. CALL RECORDING POLICY

Bandvulc operates a telephone system within its Conti360°Fleet Services Tyre Support contact centre (TSU), which is capable of recording telephone conversations. This standard practice allows the recording of telephone calls for quality monitoring, training and compliance purposes. All calls handled by the TSU will be recorded and retained for a period of six months.  Calls are encrypted and stored on a secure server.  These recordings will only be used for the purposes specified within this policy by approved and trained personnel.

Purpose

• In order to maintain high standards, calls are recorded.  Under normal circumstances, a call will not be retrieved or monitored unless an investigation is required following a complaint.
• Management spot checks are carried out to ensure compliance with procedures and service levels and coaching / training sessions are carried out with call handlers to further improve our responses.
• In rare cases the prevention or detection of crime.

Collection of Information

Due to the nature of our business, personal data that is collected is minimal.  We will however ensure that it is relevant and only used for the purpose stated.  It will be processed fairly and lawfully in accordance with the GDPR Guidelines 2018.

Call Access

Only people with the appropriate authority can access calls via an authenticated password.  Calls will only be played back within a secure and confidential environment and will not be played/transferred outside of the organisation

Callers have the right to listen to or have copies made of their own call.  Such access requests need to be submitted to the Company Data Controller.

11. Recording and Processing Data

Bandvulc Tyres Ltd. stores personal data relating to users of its website if consent for this has been given or if it is necessary for the performance of a contract to which the data subject is party or in order to take steps at his request prior to entering into a contract. The only data that is stored relates to the date and time of the visit, the pages visited, cursor use on the website, the page functions used, and the website from which the user accessed Bandvulc’s website. The IP address is transmitted anonymously and is only used to assign a geographical location at the city level. Bandvulc Tyres Ltd. uses this information to measure website activity, to produce statistics, to provide and to improve the services and information provided via the websites.

Personal user data is solely used to process inquiries within the context of the consent granted or in compliance with respective data protection regulations. Based on legal requirements, Bandvulc Tyres Ltd. has enforced global, uniform, and internal Data Protection Rules regulating the protection of your personal data (Binding Corporate Rules (PDF, 262.5 KB)).

Bandvulc Tyres Ltd. stores data entered into this website such as name, company, email, address and telephone only for the purpose of communicating personally with you. The data is stored and used solely for the purpose of processing your inquiry/concern/participation. Your data is deleted once processing of your inquiry/concern/participation has concluded, provided that this deletion does not conflict with any statutory duties to retain records.

The data subject’s rights

Please note that, as a data subject, pursuant to the EU General Data Protection Regulation (EU GDPR), you have the following rights in connection with the processing of your personal data (Information rights under Article 13 and Article 14 EU GDPR):

• Right of access under Article 15 EU GDPR;
• Right to rectification under Article 16 EU GDPR;
• Right to erasure under Article 17 EU GDPR;
• Right to restriction of processing under Article 18 EU GDPR;
• Right to data portability under 20 EU GDPR.

If you have questions about this, please contact our data protection supervisor by e-mail at: dataprotection@bandvulc.co.uk

In accordance with Article 21 EU GDPR, you have the right to withdraw your consent to the collection, processing, storage and use of your personal data at any time. Consent must be withdrawn by writing to Bandvulc Tyres Ltd., Gillard Way, Lee Mill Industrial Estate, Ivybridge, Devon, PL21 9LN, United Kingdom or by sending an e mail to dataprotection@bandvulc.co.uk

You can always contact our data protection officers in writing (including by e-mail) with questions or complaints. E-mail: dataprotection@bandvulc.co.uk You can also contact the appropriate data protection authorities, if available.

Protection of stored Data

Bandvulc Tyres Ltd. use technical and organisational security measures to protect the personal data provided by you from manipulation, loss, destruction or from being accessed by unauthorised persons. The security measures are continually improved and adapted in accordance with the latest technology. Data provided that is unencrypted could potentially be viewed by third parties. For this reason, Bandvulc Tyres Ltd. would like to point out that, with regard to data transmission over the Internet (e.g. by email) secure transfer cannot be guaranteed. Sensitive data should therefore either not be transmitted at all or only via a secure connection (SSL). If you access pages and files and are then asked to enter personal data, please note that the transmission of such data via the Internet may not be secure and that there is a risk that it may be viewed and manipulated by unauthorised persons.

12. Cookies

When you visit this website, information can be stored on your computer in the form of “cookies”. Such cookies are used solely to ensure operation of the websites. Other cookies are only created based on your consent (see cookie policy). You can also choose not to accept cookies in your browser settings. Please note, however, that you may not be able to fully use several functions of this website if you do so.

Google Analytics

This website uses Google Analytics, a web analysis tool from Google Inc. (“Google”). Google Analytics uses cookies, which are text files that are stored on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of these websites will be transmitted to and stored on a Google server in the USA.

In case of activation of the IP address anonymisation, Google will truncate/anonymise the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. This website uses active IP anonymisation. On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for the website provider and providing other services associated with website activity and internet usage to the website provider.

Google will not associate your IP address with any other data held by Google. Cookies on this site are used only on the basis of your consent.

In such case, the Privacy Policy of Google applies and is available on the following link Google Privacy & Terms Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available at Google Analytics Opt-out Browser Add-on. 

13. IFRAMING

We embed videos via iFraming on our website. External content from third-party websites can be embedded and displayed in defined areas on our website via iFraming.

YouTube

This website from which videos are embedded via iFraming is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
By clicking on the videos it will be marked by the YouTube logo. You can find YouTube’s Data Protection Notice here.

If you visit one of our websites with embedded videos, the Internet Explorer will not automatically establish a link to the server on the appropriate network. By clicking on the embedded Video, you give your consent to communication with the aforementioned website and the placing of cookies by this website. By clicking on the embedded video, the information that you visited our website will automatically be forwarded to the aforementioned website operator and cookies will be placed by the aforementioned website.

If you are logged into the aforementioned website visiting our website, the data transmitted will be associated with your user account. If you wish to prevent a network from linking information with your user account in this manner, please log out from the respective network before clicking on the respective video.

Even if you are not registered as a member of the aforementioned website, or you are currently not logged in your data may be stored by the operator of the aforementioned website after you click on the respective video. We have no influence on the placement of third-party cookies and over the scope and content of the data collected by the aforementioned website or on how that data is used. For more information, please read the privacy policies of the aforementioned website.

14. 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

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.

Internal Third Parties                                                                                                          

Other entities in the worldwide group of Continental Tyres in which Bandvulc Tyres Ltd forms a part, acting as joint controllers or processors, and who provide IT and system administration services and undertake leadership reporting.

External Third Parties

Service providers acting as processors inside and outside the UK and the EEA who provide IT and system administration services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom and the EEA and worldwide who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, the Internal Revenue Service (USA), regulators and other authorities acting as processors or joint controllers based in the United Kingdom, the USA and the EEA and worldwide who require reporting of processing activities in certain circumstances.

Bandvulc’s UK dealers, agents and customers inside and outside the United Kingdom and the EEA who engage us or refer business to us to supply products and services involving the processing of your personal data.

Industry bodies, including those who engage us to provide training services to individuals.

Organisations that Bandvulc partners with for the purposes of a specific event, including where we arrange attendance for customers/suppliers and members of the general public (including competition winners), and with whom personal data may be shared for your entry into, or attendance at, these events.

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.

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.