How we use your personal data
We are committed to protecting your privacy and complying with the provisions of the General Data Protection Regulation, the Data Protection Act 2018 and any subsequent data protection laws applicable within the jurisdiction of the United Kingdom of Great Britain and Northern Ireland (“Data Protection Legislation”).
Your privacy is important to us and we are committed to keeping it protected. We have created this customer Privacy Notice which will explain how we use the personal data we collect about you and how you can exercise your data protection rights. This Privacy Notice will help you understand the following:
- Who are we?
- Why do we collect and use your personal data?
- Where else do we collect personal data about you?
- Will we share your personal data with anyone else?
- Which decisions made about you will be automated?
- For how long will we keep your personal data?
- Will you be contacted for marketing purposes?
- Your personal data is incorrect what should you do?
- What are your rights over the personal data that is held by ThorpyFX LTD?
- Our Privacy Notice
- How you can contact us about this Privacy Notice
- How you can lodge a complaint
Who are we?
In this Privacy Notice, references to “we” “us” “our” mean ThorpyFX Limited a limited company registered in England under company number 09326701. We design and manufacture guitar effects pedals and offer them for sale to the public together with similar products and other select merchandise. We also act as UK agents for other likeminded companies and offer their products for sale.
Why do we collect and use your personal data?
As a manufacturer and seller of goods we need your personal data to allow us to provide you with quotations and administer contracts of sale for our products and services. We may also use this personal data (e.g. your name, address, telephone number and email address) to communicate with you and if you have agreed, to send you news and offers related to our products and services.
Once you decide to become a customer, we’ll need to take your payment details to process your purchase. This could be credit or debit card information, or online payment service information data such as PayPal or Apple Pay, etc. To administer the contract of sale between us, we might contact you via our website, emails, telephone calls or post. When using these services we might record additional personal data, such as passwords (when creating an account on our website), and online identifiers.
Data Protection Legislation requires us to meet certain conditions before we are allowed to use your personal data in the manner described in this Privacy Notice. To use your personal data, we will rely on one or more of the following grounds:
- Performance of contract: We need to use your personal data in order to provide you the products and services that you have offered to purchase from us and to perform our obligations under the contract of sale.
- Consent: In certain circumstances, we may need your consent unless authorised by law in order to use personal data about you which is classed as "special categories of personal data".
For marketing, you will always be given a choice over the use of your data.
- Necessity to establish, exercise or defend legal claim: If you, or we, bring a legal claim (e.g. a court action) against the other, we may use your personal data in either establishing our position, or defending ourselves in relation to that legal claim.
- Compliance with a legal obligation: Where laws or regulations may allow or require us to use your personal data in certain ways.
- Legitimate Interests: We will also process your personal data where this processing is in our "legitimate interests". When relying on this condition, we are required to carry out a balancing test of our interests in using your personal data against the interests you have as a citizen and the rights you have under the Data Protection Legislation. The outcome of this balancing test will determine whether we can use your personal data in the ways described in this Privacy Notice. We will always act reasonably and give full and proper consideration to your interests in carrying out this balancing test.
Where else do we collect personal data about you?
Where possible, we’ll collect your personal data directly from you. However, on occasion we may receive details about you from other people or companies. For example, this might happen if:
- It was supplied to us when you purchased a product or service that is provided by us in partnership with other companies; or
- It was supplied to us by another customer making a purchase on your behalf of in your favour (for example the purchase of a gift or gift vouchers).
Will we share your personal data with anyone else?
We will keep your personal data confidential at all times and only process it in accordance with this Privacy Notice, the Data Protection Legislation and other applicable UK legislation. We will share your personal data with our employees and contractors for the purpose of providing our products and services to you and for exercising our legitimate interests.
We do not disclose your personal data outside of ThorpyFX Limited without your consent, except:
- Where we are required or permitted to do so by law or relevant regulatory authority;
- Where we provide products and services in partnership with other companies;
- In the event that we are taken over, or we sell any business or assets, in which case we will disclose your personal data to the prospective buyer of such business or assets;
- As required to enforce or apply this Privacy Notice, or the contract of sale itself;
- With our third-party service providers (including hosting/storage providers, research agencies, technology suppliers etc.);
- With our insurers, where necessary for the purpose of an insurance claim; and
- With our courier and postal service providers.
Sometimes your personal data may be sent to other parties outside of the UK and the European Economic Area (EEA) in connection with the purposes set out above. We will take all reasonable steps to ensure that your personal data is treated securely and in accordance with this Privacy Notice, and in doing so may rely on certain "transfer mechanisms" such as the standard contractual clauses approved by the European Commission and the UK Information Commissioners Office. If you would like further personal data, please contact us.
Which decisions made about you will be automated?
We carry out no automated decision-making processes or activities.
For how long will we keep your personal data?
We store your personal data in accordance with the Data Protection Legislation, and this Privacy Notice, as well as is required to satisfy any legal, accounting or reporting obligations, or as necessary to resolve disputes.
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 we process your personal data for and whether we can achieve those purposes through other means, and applicable legal requirements.
In general, relying on our legitimate interest, we may retain your personal data for a period of up to 7 years from the date of fulfilment of the contract of sale with you.
In addition, your personal data will be retained under one or more of the following criteria:
- Where the use of your personal data for a specific purpose is based on your consent, it will be kept for as long as we continue to have your consent (e.g. we would stop contacting you for marketing purposes once you have asked us to).
- Where, for a limited period of time, we are using some of your personal data to improve the products or services we provide.
- For as long as is required by statutory authorities to meet our obligations for accounting, legal, tax, and regulatory purposes.
- For as long as is required in the event that we have a reasonable expectation of litigation.
Will you be contacted for marketing purposes?
If you have agreed, we might contact you by post, email, social media, phone and text message to let you know about offers and services we think you’ll like or any special offers available to you as an existing customer. The messages may be personalised using personal data you have previously provided us.
You can ask us to stop contacting you for marketing purposes at any point.
We will only contact you for marketing purposes if we collected your personal data directly, except when authorised and instructed by the third-party acting on your behalf.
Your personal data is incorrect what should you do?
If you think that the personal data we hold about you is incorrect or incomplete, please contact us and we will be happy to update it for you.
What are your rights over the personal data that is held by ThorpyFX Ltd?
We understand that your personal data is important to you, therefore, in accordance with your rights under the Data Protection Legislation, you may request the following from us to:
- Provide you with details about the personal data we hold about you, as well as a copy of the personal data itself in a commonly used format. This is known as the right of subject access and is an entitlement to a copy of the personal data only, you are not entitled to documents. Legislation may require or allow us to withhold certain personal data in some circumstances.
2. Request your personal data be deleted where you believe it is no longer required. This is known as the right of erasure. Please note however, we may not be able to comply with this request in full where, for example, the personal data is required to fulfil the conditions of the contract of sale, we are required to retain your personal data to comply with a legal obligation, or there is a reasonable expectation of litigation.
3. Request the electronic version of the personal data you have supplied to us, so it can be provided to another company. This is known as the right of data portability. We would provide the personal data in a commonly used electronic format.
- Request to restrict the use of your personal data by us, under the following circumstances:
- If you believe that the personal data we hold about you is inaccurate, or;
- If you believe that our processing activities are unlawful but you do not want your personal data to be deleted.
- Where we no longer need to use your personal data for the purposes set out in this Privacy Notice, but it is required for the establishment, exercise or defence of a legal claim.
- Where you have made an objection to us (in accordance with section 5 below), pending the outcome of any assessment we make regarding your objection.
- Object to the processing of your data under the following circumstances:
- Where we believe it is in the public interest to use your personal data in a particular way, but you disagree.
- Where we have told you we are using your data for our legitimate business interests and you believe we shouldn’t be (e.g. you were in the background of a promotional video but you did not agree to be in it).
In each case under section 5 above, we will stop using your personal data unless we can reasonably demonstrate legal grounds for continuing to use it in the manner you are objecting to.
To ensure that we do not disclose your personal data to someone who is not entitled to it, when you are making the request we may ask you to provide us with:
- Your name;
- Date of birth; and
- Any order numbers that you have along with.
We also reserve the right to request additional documentation prior to providing any personal data to you should we consider it to be a necessary additional step to verify your identity.
If you appoint an agent to act on your behalf, for example, a friend or a solicitor, we will ask them to provide your signed authority for them to act on your behalf AND the identity personal data listed above.
All requests are free of charge, although for requests for the provision of personal data we hold about you we reserve the right to charge a reasonable administrative fee where, we believe an excessive number of requests are being made. Wherever possible, we will respond within one month from receipt of the request, but if we don’t, we will notify you of anticipated timelines ahead of the one month deadline together with brief explanation as to why we are unable to respond within the initial one month deadline. Please note, that if any deadline for us responding to your rights as a data subject falls on a weekend or a bank holiday, we are permitted to roll the time for responding forward to the next working day.
Please note that simply submitting a request doesn’t necessarily mean we will be able to fulfil it in full on every occasion – we are sometimes bound by law which can prevent us fulfilling some requests in their entirety, but when this is the case we will explain this to you in our response.
Our Privacy Notice
If you have any queries regarding our Privacy Notice please contact us and we will be happy to discuss any query with you. Our Privacy Notice will be updated from time to time so please check it each time you submit personal data to us or purchase new products and/or services from us.
How you can contact us about this Privacy Notice
If you have any questions or comments about this Privacy Notice please contact:
The Managing Director
Unit 11, Glebe Farm
You may also email us at firstname.lastname@example.org.
How you can lodge a complaint
If you wish to raise a complaint on how we have handled your personal data, please send an email to email@example.com or write to us using the address provided. Our team will investigate your complaint and will give you additional information data about how it will be handled. We aim to respond in a reasonable time, normally 30 days.
If you are dissatisfied with our response to your complaint, you have the right to lodge a complaint to the Information Commissioner’s Office, you can do this by accessing their website https://ico.org.uk/ or by calling their helpline on 0303 123 1113, or writing to them at the address below. You also have the right to seek a judicial remedy.
Information Commissioner’s Office
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