Contents

 

INTRODUCTION

The VMS group, through VMS Global, VMS Refrigeration and VMS Fleet Rental respects your privacy and is committed to protecting your personal data.

This privacy notice contains information about who we are and how and why we collect, store, use and share your personal data when you interact with us.

When we collect, use, or share your personal data, we are subject to applicable data protection laws including the General Data Protection Regulation and are responsible for that personal data as a data controller. This notice will also inform you about your privacy rights and how the law protects you.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

 

1. Important Information and Who We Are

Controller

VMS is made up of different legal entities, details of which are set out below. Where we refer to “VMS”, "we", "us" or "our" in this privacy notice, we are referring to the relevant entity that is responsible for processing your personal data. VMS (Fleet Management) Limited is responsible for this website.

If you have any questions about this privacy notice please contact us using the details set out below or via our contact form.

 

	VMS Global	VMS Refrigeration	VMS Fleet Rentala and Vehicle Hirel
Legal entity	VMS (HoldingsFleet Management) Ltd	VMS Refrigeration Ltd	VMS (Fleet ManagementRental) Ltd
Address:	Abbottsgate House Hollow Road Bury St. Edmunds Suffolk IP32 7FA	Abbottsgate House Hollow Road Bury St. Edmunds Suffolk IP32 7FA	Abbottsgate House Hollow Road Bury St. Edmunds Suffolk IP32 7FA
Email:	privacy@vmsglobal.co.uk	privacy@vmsglobal.co.uk	privacy@vmsglobal.co.uk
Telephone:	01438 731 931	01438 731 931	01438 731 931

We hope that you will approach us to resolve any query or concern you might have about our use of your personal data. However, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

Changes to the Privacy Notice and Your Data

This version was published on 22/5/2018 and last updated on 21/5/2018

We may change this privacy notice from time to time and we will inform you when those changes may affect you in a material way.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

2. The Data We Collect About You

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 which allows us to verify your identity including your name, marital status, title, date of birth, gender, occupation and company information (if applicable). This also includes copies of evidence of identification such as driving licenses, passports and utility bills.

• Contact Data including postal address, email address and telephone numbers.

• Financial Data including bank account and payment and credit card details which enable us to process your payments and undertake credit or other financial checks on you.

• Vehicle Data relating to the rental of VMS vehicles, including registration number, vehicle description, location and date of rental.

• Transaction Data including historical transactions for services from us.

• Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting and general location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. This also includes your username and password for our client portal.

• Usage Data including information about how you use our website, app, products and services including your service preferences and any feedback

• Marketing and Communications Data including your preferences in receiving marketing from us and our third parties 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.

Vehicle Accidents and Incidents

If you are involved in an accident, incident or collision involving a VMS vehicle, we may need to collect Special Category Personal Data from you. Special Category Personal Data we may request includes information about injuries you have sustained, any health conditions from which you suffer and other health-related information.

In the event of an accident, we may ask you to provide us with Third Party Individual Data which may include that individual’s Identity and Contact Data (such as other individuals involved in the collision). If you give us information on behalf of that person, you confirm that they have agreed that you may pass their personal data to VMS.

Children

We do not market to, direct our website to or aim our services at children. We do not knowingly collect data relating to children unless strictly necessary in the legitimate interests of that individual (such as when we are completing an accident report or investigation into a vehicle incident involving a child).

Location Data

Some of our vehicles are fitted with trackers which produce location data relating to vehicles. Vehicle drivers are responsible for erasing that location data at the end of their journey. Data left in the vehicle is not the responsibility of VMS. VMS do not collect or process tracker location data.

Failing to Provide Personal Data

Where we need to collect personal data by law, or in order to provide services to you and you do not provide that requested data, we may be prevented or delayed in providing you with our services.

 

3. How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

1. Direct interactions

You may give us your Identity, Contact, Financial and Vehicle Data by filling in forms, dealing with our advisers, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• enquire about, request or order our services;

• report vehicle maintenance issues or repairs;

• report an accident;

• create an account on our website;

• subscribe to our emails or notifications;

• request marketing to be sent to you;

• enter a competition, promotion or survey; or

• give us some feedback.

2. Automated technologies or interactions

As you interact with our website, 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.

3. 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 from the Driving and Vehicle Licensing Agency

• Identity and Financial Data from credit reference and fraud prevention agencies (who will record our data search).

• Technical Data from our IT providers, analytics providers and search information providers;

• Contact, Financial and Transaction Data from providers of technical and payment services;

• Identity and Contact Data from data brokers or aggregators;

• Identity and Contact Data from publicly availably sources.

 

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 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.

Using 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.

Purpose/Activity	Type of Personal Data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact (c) Financial	Performance of a contract with you
To process your order or booking including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To respond and to requests from traffic management authorities, the police, other law enforcement agencies, HMRC, DVLA and other regulatory bodies.	(a) Identity (b) Contact (c) Financial (d) Vehicle (e) Special Category	Process is required in performance of a legal obligation.
To deal with: Vehicle maintenance and repairs Accident/Incident reports Claims management and insurance	(a) Identity (b) Contact (c) Financial (d) Vehicle (e) Special Category	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (including providing accident details to our insurers) (c) Necessary for our legitimate interests (including providing accident details to our insurers)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a promotion or complete a survey	(a) Identity (b) Contact (c) Usage (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics and automated profiling to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

 

VMS 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 you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or used our services or if you provided us with your details when you have opted in to receiving that marketing.

Third-party Marketing

We will get your express opt-in consent before we share your personal data with any company not part of VMS for marketing purposes.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us using the details set out at the start of this privacy notice.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of use of our services.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy

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 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.

 

5. Sharing Your Personal Data

We routinely share personal information with:

• third parties we use to help deliver our services to you – e.g. payment service providers, parts-suppliers, engineers, recovery agents, vehicle maintenance and servicing providers;

• other third parties we use to help us run our business – e.g. marketing agencies website hosts;

• third parties approved by you – e.g. social media sites you choose to link your account to, third party payment providers.

• Credit reference and debt collection agencies - they enable us to make credit decisions about you and for fraud prevention and money laundering purposes. We may disclose information about how you conduct your account to such agencies and your information may be linked to records relating to other people living at the same address with whom you are financially linked. Other credit grantors may use this information to make credit decisions about you and the people with whom you are financially associated, as well as for fraud prevention, debtor tracing and money laundering purposes.

• our insurers and brokers;

• our banks, auditors and solicitors;

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.

We may share your personal information on the RISC database owned by the British Vehicle Rental and Leasing Association Limited (BVLA), for risk management purposes. The BVLA is also subject to the General Data Protection Regulation when processing personal data.

 

6. International Transfers

We do not transfer your personal data outside the European Economic Area (EEA).

 

7. 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.

 

8. Data Retention

Your personal data may be held at our offices and at the offices of those third parties set out above. This includes personal data held on our IT systems.

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.

Some data may be retained for legal (including tax) reasons for a period exceeding that which we require for our business purposes.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.

 

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

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.

If you wish to exercise any of the rights set out above, please contact us using the details set out at the start of this privacy notice.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

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).

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.

Third Parties

Includes:

• Our service providers who provide IT and system administration services.

• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.