Before you make a booking with D4N Detailing, you should read the following terms and conditions. Once a booking has been made, you are bound under these terms and conditions.
The following words shall have the following meanings in these conditions:
“The Company”: shall mean D4N Detailing whose registered and trading address is93 Powder Mill Lane, Tunbridge Wells, TN4 9DY or any company, firm or individual or person it appoints as its agents;
“The operative” shall mean the person, sent on behalf of the Company to complete or carry out the/a service.
“The Customer”: any individual, firm, company or other party with whom the Company contracts.
“The email address” shall mean the email address that is entered either by the customer or provided by the customer to the company.
“The booking” shall mean the request for the service or goods as provided by the Company.
“The Confirmation of Booking” shall mean the email confirmation, that will include the following:
A. The date on which the service shall be carried out.
B. The location designated by the Customer, location for the service to be carried out.
C. The valeting or detailing service specification or other services to be completed by the Company.
D. The estimated time within which the company will arrive at the location.
E. The vehicle that the service is being carried out upon.
F. The price for the Service.
“The keys” shall mean the keys to the above referenced vehicle that the/a service is being carried out upon;
All bookings will require a 20% or £20 minimum deposit on all services. This is payable via bank transfer & deducted from the final invoice total.
Reference to any Act of Parliament or to any regulations shall include any Act or regulations surrounding or replacing the Act or regulations referred to.
1. Any Services supplied to the Customer are supplied subject to these conditions. These conditions can only be varied in writing in a document signed by a representative of the Company.
2. The Customer accepts these conditions by making a booking with the Company.
3. Any Contract for the supply of Services (“the Contract”) whether written or oral shall incorporate these conditions.
4. Any waiver or breach of these conditions shall not prejudice the Company’s rights in respect of any subsequent breach.
5. The Contract may not be assigned or transferred.
6. It is agreed between the Customer and the Company (without prejudice to the generality of salient clauses) that the Company may refuse the service and payment shall automatically become due if: the Customer fails to pay by the due date for any Services supplied by the Company;
(a) the Customer does or fails to do anything which would entitle an Administrator or an Administrative Receiver to take possession of any of its assets or would entitle any person to present a petition to wind up the Customer; and/or
(b)the Customer passes any resolution to wind itself up, publishes a notice covering a meeting of its creditors pursuant to Section 98 of the Insolvency Act 1986 or any statutory modification or replacement thereof; and/or
(c)the Customer if an individual has a bankruptcy order made against him/her or enters into any arrangement for the benefit of his/her creditors generally and in any such event the Company shall not be obliged to make any further delivery to the Customer.
7.The Company shall be entitled to charge interest on any part of the Contract price not paid by its due date from that date until payment (whether before or after any Judgement) at the monthly rate of 15 per cent per annum, such interest accruing on a daily basis pro rata AND the parties hereby agree that this is fair compensation for late payment and shall not be construed as a penalty.
8.The Company reserves the right to cancel a booking at any time prior to delivery due to non-availability of staff; or where the Company has stipulated payment in advance of delivery and no such payment has been received.
9.The default method of contact by the Company will be by email.
10.Any service booked will be booked in co-operation with the Company, who will advise in most cases of the appropriate service based upon the information provided by the customer. Should the customer choose a lower service than is appropriate for the condition of the vehicle or than is recommended by the Company, the Company will not warrant to the lesser services effectiveness.
11.The booking is not confirmed until a ‘Confirmation of Booking’ has been emailed to the address as provided by the customer.
12.It is the responsibility of the customer to ensure receipt and accuracy of the email confirmation of booking.
13.All charges for processing payments are non-refundable regardless of the circumstances.
14. The Price payable and payment terms in respect of an order for Services shall be specified in advance and confirmed within the 'Confirmation of Booking'.
15. If the Customer wishes to cancel FOR ANY REASON, they must give at least forty eight hours notice in writing and this must be acknowledged in writing by the Company forty eight hours before the booked date. Failure to do so will incur a cancellation charge in all cases which may be up to 100% of the cost of the service.
16. The Company intends to turn up to all bookings made, regardless of the weather/light conditions and start and complete the service on the day as listed in the 'Confirmation of Booking'. The company will only cancel in exceptional circumstances by telephone with written emailed correspondence as soon as it is practicable to do so.
17. The Customer must ensure, prior to arrival of the Company that the vehicle is emptied of all personal and non-fixed items within the car. The Company reserves the right and the Customer hereby acknowledges that right, to either make a further charge for clearance of the customer’s vehicle or refuse to undertake the service which will be treated as a late cancellation and thus a charge will be levied.
18. The Customer must ensure prior to arrival of the Company that sufficient space is available for both the Company’s vehicle and their own, along with sufficient movement around both vehicles.
19. The Customer must ensure prior to arrival of the Company that the location of the service as dictated by the Customer is safe, secure and sufficient for the Company to carry out the service and further that the location allows and permits such activity to be carried out. Any parking charges required or levied as a result of the location as chosen by the Customer will be charged to the customer’s account.
20. The Customer must ensure prior to arrival of the Company that sufficient fuel is contained within the vehicle to enable the engine to be started and run and the vehicle to be moved should the need arise. The customer hereby accepts that should the vehicle be required to be moved at the sole discretion of the Company, that the Company is hereby authorized to do so, though liability for such movement or the revised location remains with the customer. The Company is however not providing a warranty that it will move the said vehicle.
21. The vehicle is booked without being seen in advance and as such the level of service and estimated completion time may alter. Any alteration of service will be advised of but not compulsory and will not be charged for or proceeded with, until the agreement of the client has been sought.
22. The arrival time is an estimated and can fluctuate due to a variety of reasons including the condition of a previous car, weather, traffic and other circumstances outside the control of the company. This is not the liability of the company and it shall not, nor can it ever be held liable for such occurrences. Time is not the essence of the contract.
23. It is agreed by the Customer that the late arrival by the Company does not constitute a breach of contract by the Company nor does such lateness permit the Customer to cancel the booking without charge.
24. The customer will ensure that the keys and vehicle are easily accessible and handed to the operative within 5 minutes of the Company’s arrival, failing which the Company reserves the right to levy a charge or to treat the booking as a late cancellation.
25. The customer will not interrupt nor interfere with the Company during the completion of the service. Should the customer delay the completion of the service by the Company or remove the vehicle before its completion, the Company reserves the right to terminate the service forthwith, without completing the remaining outstanding specification or provide any refund.
26. Upon completion of the service the customer will be asked to inspect the vehicle and confirm that the service has been completed to the specification as explained by the Company.
27. Should the Customer be unsatisfied with completion of the service, the Customer is required to detail the points to the Operative and allow the Operative to rectify the points. In the event that the Customer cannot be present at the completion of the service, such points should be detailed in writing with accompanying photographs and must be received and acknowledged by the Company within 24 hours of the completion of the service.
28. Upon completion of the service the customer will be asked to inspect the vehicle and confirm that no damage has occurred during the operation of the Company’s service.
29. Failure to make any such claim in the period(s) specified in clause 27 above shall constitute unqualified acceptance of the Service and waiver by the Customer of all claims relating to the Service.
30. Any return visits made by the Company are at the sole discretion of the Company and are not open to negotiation or alteration without the express written agreement of a representative of the Company.
31. If the Company shall be prevented or hindered from supplying all or any of the Services in accordance with the order by any circumstances beyond its reasonable control (including without prejudice to the generality of the foregoing force majeure delay by supplier trade disputes including disputes involving the Company’s own workforce and all other causes whether or not of a similar nature beyond the reasonable control of the Company) the
32. Company shall be entitled by notice by telephone or in writing to the other forthwith to rescind the Contract and in such circumstances the Company shall not be liable to the Customer for any direct or consequential loss or damage suffered by the Customer as a result of the Company’s inability to perform its obligations. Save as aforesaid (and save in respect of death or personal injury resulting from the negligence of the Company, its servants or agents), the Company shall not be liable for any claim or claims for direct or indirect or consequential or incidental injury loss or damage made by the Customer against the Company (whether in contract or in tort, including negligence on the part of the Company or its staff) arising out of or in connection with any defects of any Service supplied or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the Contract or breach of a fundamental term thereof) of the Company or its staff in the performance of the Contract.
33. Subject only to the provisions of these conditions no statement undertaking warranty or condition express or implied by law, trade, custom or otherwise shall apply to the Contract.
34. The Customer shall indemnify the Company against all actions, claims or demands by third parties against the Company howsoever arising directly or indirectly in respect of or in connection with the Service or the Contract by the Company to supply the same upon the terms and conditions herein contained.
35. If at any time any one or more of the provisions of the above clauses or sub-clauses is or becomes invalid, illegal or unenforceable in any respect under any law the validity and enforceability of the remaining clauses and/or sub-clauses hereof shall not in any way be affected or impaired thereby.
36. These conditions and each and every Contract containing them shall be governed by the Laws of England and the Customer will submit to the jurisdiction to the English Court.
All payments are to be made in full upon completion of the work. We currently accept either card, cash or bank transfer as payment methods. If we invoice you, the invoice must be paid in full within 24 hours of receipt.
We will contact you three times regarding late payments before handing the failed payment over to our debt collection agency. If payments are not made in full within 24 hours of us completing the work on your vehicle you will immediately be sent a payment reminder via email. If payment has not been received within 7 days of the completed works, a second reminder will be sent via email plus an admin charge of £15 will be added to your account. If payment has not been received within 14 days of the completed works, a third and final payment reminder will be sent via email
Data protection is of a particularly high priority for the management of D4N DETAILING LTD. The use of the D4N DETAILING LTD website is possible without any indication of personal data; however, if a data subject wants to use certain services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to D4N DETAILING LTD. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the data controller, D4N DETAILING LTD has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of D4N DETAILING LTD is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
D4N DETAILING LTD
93 POWDER MILL LANE, TUNBRIDGE WELLS, KENT, TN4 9DY
Phone: 01892 249019
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The D4N DETAILING LTD website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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 these general data and information, D4N DETAILING LTD does not draw any conclusions about the data subject. 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, D4N DETAILING LTD analyses 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 a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offences. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. A Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the D4N DETAILING LTD website, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
D4N DETAILING LTD informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorised to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of D4N DETAILING LTD contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, D4N DETAILING LTD may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analysed by the controller in order to optimise the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. D4N DETAILING LTD automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of D4N DETAILING LTD contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
10. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by D4N DETAILING LTD, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of D4N DETAILING LTD or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of D4N DETAILING LTD or another employee will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by D4N DETAILING LTD, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of D4N DETAILING LTD or another employee will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by D4N DETAILING LTD or another employee.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
D4N DETAILING LTD shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If D4N DETAILING LTD processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to D4N DETAILING LTD to the processing for direct marketing purposes, D4N DETAILING LTD will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by D4N DETAILING LTD for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of D4N DETAILING LTD or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, D4N DETAILING LTD shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer of D4N DETAILING LTD or another employee of the controller.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact our Data Protection Officer of D4N DETAILING LTD or another employee of the controller.
11. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
12. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
13. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
14. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Name of company
93 Powder Mill Lane
Tunbridge Wells TN4 9DY
Tel: +44 1892 249019+44 1892 249019