Privacy Statement

Who we are:

TMS Motor Group is the trading style of TMS Limited ("we", "us").

TMS is a company Registered in England (Number 5693106, VAT Number 881669084).

TMS Motor Group (“we”/”us”) are committed to protecting and respecting any personal information you share with us. This statement describes what types of information we collect from you, how it is used by us, how we share it with others, how you can manage the information we hold and how you can contact us.

We will always give you the option not to receive marketing communications from us. We will never send you unsolicited ‘junk’ email or communications or share your data with anyone else who might. We do not sell your information to third parties, but we do work closely with selected partners who work on our behalf to help us provide you with the information, products and services you request from us.

The contents of this statement may change from time to time so you may wish to check this page occasionally to ensure you are still happy to share your information with us. Policy last updated May 25^th 2018.

How we are regulated:

For UK data protection legislation purposes, TMS Ltd is registered with the Information Commissioners Office under registration numbers Z962761X. We are a data controller for the purposes of the relevant data protection legislation including the Data Protection Act 1988, the General Data Protection Regulations and any subsequent legislation as appropriate. (ie we are responsible for, and control the processing of, your personal information).

What information do we collect?

We collect information about you and your vehicle when you engage with us, our website, applications or sales and authorised repairer departments. We only collect information which is necessary, relevant and adequate for the purpose you are providing it for.

In order to process vehicle sales, servicing, parts, warranty claims and record vehicle service history we will share your information with the relevant manufacturer of your vehicle. For more details of the ways in which your information is used by these manufacturers, please see the links at the bottom of this document.

The information we collect may include:

• Basic personal details such as your name, address, e-mail address, telephone number, date of birth or age, gender, marital status;
• Additional information regarding your vehicle including the registration, Vehicle Identification Number (VIN), service history, any works undertaken, insurance policy details, MOT and Tax status of the vehicle;

Details of your enquiry or interest or preference(s) about our products or services, such as possible planned purchase or lease date, vehicle(s) brand, make and/or model, or vehicle requirements;

Records of emails and correspondence with you in relation to enquiries, negotiations, resultants sales and/or the supply of your contact and marketing preferences;

Details about any marketing consents and marketing preferences;

Customer feedback and survey results;

Information you choose to share from the Website through other social media outlets where similarly accessed through the Website (including Facebook and Twitter).

This information will be collected primarily from you as information voluntarily provided to us, but we may also collect it where lawful to do so from (and combine it with information from) public sources, third party service providers, individuals who you have indicated have agreed for you to provide their personal information, government, tax or law enforcement agencies and other third parties.

• Where you engage with us in a business context, we may collect your job title, company contact details (including email addresses), fleet size and company details;
• Voice recordings of calls you make to our authorised sales and service centres.
• Any information within correspondence you send to us.

Monitoring and recording communications

We may monitor and record telecommunications with you for the purpose of quality, training and compliance purposes.

Our website:

Our website is powered by G-Forces Web Management Limited (“GForces”), our third-party web services provider. GForces is committed to ensuring that data is processed in accordance with applicable data privacy laws and is kept secure. GForces is certified to the standard of ISO27001 (an international standard for information security). GForces uses Amazon Web Services, Inc. as its cloud platform provider. All data processed by GForces is stored on Amazon’s web servers in the EEA.

If you visit our website

When someone visits our website, GForces collects standard internet log information (your IP address, browser, and type of device) and details of visitor behaviour patterns (where you joined our site from, the path you take through our site and where you leave). These are stored against unique ids (which are strings of numbers). GForces collects this information for the legitimate business purpose of monitoring the number of visitors to the various parts of the site, the general geographic location of visitors and engagement levels, which in turn enables it to make improvements to its websites and services and provide business intelligence. This information is only processed in a way which does not identify anyone. It is kept indefinitely.

GForces also uses Google Analytics to collect standard internet log information and details of visitor behaviour patterns, which are stored against unique ids (i.e. strings of numbers). We collect this information for the legitimate business purpose of monitoring website traffic and engagement levels, which in turn enables us to make improvements to our website and the way we sell our cars and services. This information is only processed in a way which does not identify anyone. It is kept indefinitely.

If you use our enquiry forms

When you submit information using an online form, GForces processes the data collected and stores it for 31 days for the legi timate business purpose of enabling us to access the information and deal with your request (it is then kept for a further 14 days in GForces’ routine back-ups for business continuity purposes). We collect the following information:

If you enter your post code, GForces stores the first part of it (e.g. ‘ME14’ or ‘SW1’) and links it to standard internet log information already collected (it is used for the same purposes as that information, as outlined above).

Live Chat

We use a third-party provider, Gubagoo Inc.to supply and support our LiveChat service. If you use the LiveChat service we will collect your name and email address if you provide this and any other personal information that you volunteer to us. This is used for the legitimate business purpose of handling customer enquiries in real time and then following up. This data is stored by Gubagoo for 2 years to enable us to access the information and deal with your enquiry. Gubagoo stores the information in the US under the EU-US privacy shield framework. Please see Gubagoo’s privacy policy for more information on how they use your data. https://www.gubagoo.com/about/policy.

How do we use this information?

TMS Motor Group will only process information that is necessary for the purpose for which it has been collected. You will always have the option not to receive marketing communications from us (and you can withdraw your consent or object at any time). We will never send you unsolicited ‘junk’ email or communications or share your personal information with anyone else who might.

There are various ways in which we may use or process your personal information. We list these below:

Consent:

Where you have provided your consent, we may use and process your information to:

1. Contact you from time to time about promotions, events, products, services or information which we think may be of interest to you.
2. Use automatic number plate recognition when you visit our locations.
3. To share your personal information with our recommended third-party partners, so that they can contact you with marketing information about their products and services (we will, of course, give you details about these third parties before you give your permission for us to send information to them).

You can withdraw your consent in relation to any marketing messages you receive, at any time by contacting us on the details contained within this document. The easiest way is via email to compliancemanager@tmsmotorgroup.co.uk or contact us via our contact page http://www.tmsmotorgroup.co.uk or by using the unsubscribe option included in those messages.

Contractual performance:

We may use and process your personal information where this is necessary to perform a contract with you and to fulfil and complete your orders, purchases and other transactions entered into with us (or one of our selected partners).

Legitimate Interests:

We may use and process your personal information as set out below where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so.

Processing necessary for us to support customers with sales and other enquiries

1. To respond to correspondence you send to us and fulfil the requests you make to us (for example: test drives, service requests, brochure requests or information about specific vehicles);
2. To provide vehicle support and services (for example warranty services);

Processing necessary for us to respond to understanding customers’ and drivers’ needs

1. To analyse, evaluate and improve our products and services so that your visit and use of our website, applications, service centres, authorised repairers and group companies are more useful and enjoyable (we will generally use data amalgamated from many people so that it doesn’t identify you personally);
2. To undertake market analysis and research (including contacting you with customer surveys) so that we can better understand you as a customer and provide tailored offers, products and services that we think you will be interested in. We will only send marketing communications to you if you have provided your consent for us to do so or which we have obtained in the ways mentioned in the paragraph above;
3. For product development purposes (for example to improve vehicle quality, performance and safety);
4. In some cases we may use automated methods to analyse, combine and evaluate information that you have provided to us (including the sharing of your personal information within our group of companies. See details about and a full list of our group companies at: http://www.tmsmotorgroup.co.uk. We collect and analyse this information in this way so that we can deliver the most appropriate customer experience to you by tailoring and making relevant all our service and communications (for example, when your mileage suggests your vehicle is due for a service);

Processing necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns

1. To send you marketing information from time to time after you have purchased a product or service from us or made a purchasing enquiry, closed your browser with items in your shopping basket or requested a test drive, brochure or other information of interest. We will only contact you with information about our own products and services (and in ways the law allows), which we hope you will like. You have the right to object to us sending you this information at any time;
2. To contact you from time to time with marketing information (unless you object) if you have expressly indicated to us that you are acting on behalf of a business or where we have obtained your business contact details from our group companies or an online or public business directory. In relation to any such information we send by email or SMS, we will include an option allowing you to object to receiving future messages by unsubscribing;
3. To contact you with targeted advertising delivered online through social media and other platforms operated by other companies unless you object. You may receive advertising based on information about you that we have provided to the platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it has received from us. To find out more, please refer to the information provided in the help pages of the platforms on which you receive advertising from us;
4. To identify and record when you have received, opened or engaged with our website or electronic communications (please see our Cookies Policy for more information)
5. To administer competitions and promotions that you enter with us from time to time and to distribute prizes;

Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively

1. To verify the accuracy of information that we hold about you and create a better understanding of you as a customer;
2. For network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access;
3. To comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to be able to comply with your request);
4. To inform you of updates to our terms and conditions and policies.

Legal Obligation:

We may process your personal information to comply with our legal requirements (for example to register your car with the DVLA).

Vital Interest:

Sometimes we will need to process your personal information to contact you if there is an urgent safety or product recall notice and we need to tell you about it.

How do we share this information?

We do not sell your information to third parties. However, we may from time to time disclose your information to the following categories of companies or organisations to which we pass the responsibility to handle services on our behalf: roadside assistance service providers, customer contact centres, mobility and car hire providers, direct marketing communications agencies and consultants, market research and market analytics service providers, our legal and other professional advisors. For example, we will share information with our manufacturer partners financial services and others where you enquire about their services through us or where you make a complaint to us and later make the same or similar complaint to them. These partners may use your information to provide you with information and carry out their obligations arising from contracts you enter into with them. For more information, please see their privacy statements.

There are circumstances where we share your information with other companies within our Group in order to fulfil orders, transactions, handle complaints or provide you with a service or information that you have requested. We take steps to ensure that any third-party partners who handle your information comply with data protection legislation and protect your information just as we do. We only disclose personal information that is necessary for them to provide the service that they are undertaking on our behalf. We will aim to anonymise your information or use aggregated none specific data sets where ever possible.

How long do we keep your information for?

We will not hold your personal information in an identifiable format for any longer than is necessary. If you are a customer or otherwise have a relationship with us we will hold personal information about you for a longer period than if we have obtained your details in connection with a prospective relationship.

We do not retain personal information in an identifiable format for longer than is necessary.

If we have a relationship with you (e.g. you are a customer or the registered driver of a leased or other vehicle purchased or hired from our group of companies) we hold your personal information for 6 years from the date our relationship ends. We hold your personal information for this period to establish, bring or defend legal claims. Our relationship may end for a number of reasons including where the vehicle warranty or lease expires, or we have been made aware that you no longer own or drive that vehicle.

Where we have obtained your personal information following a request for information, test drive, brochure, quotation or any other information on any of our products or services, we hold your personal information for 1 year and 6 months from the date we collect that information, unless during that period we form a relationship with you e.g. you purchase or lease a vehicle. We hold your personal information for this period to give us an opportunity to form a relationship with you.

The only exceptions to the periods mentioned above are where:

• the law requires us to hold your personal information for a longer period, or delete it sooner;
• Where you have raised a complaint or concern regarding a product or service offered by us, in which case we will retain your information for a period of 6 years following the date of that complaint or query; or
• you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law. (See below*)

Right to ask us to stop contacting you with direct marketing

You can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:

• Email, call or write to us (at the address below). You can also click the unsubscribe button at the bottom of the email of the email newsletter. It may take up to 7 days for this to take place.
• Let us know the method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not telephone)

How can I manage the information we hold about you

You have the right as an individual to access your personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and ask us to erase information we hold about you. You can also object to us using your personal information (where we rely on our business interests to process and use your personal information).

You have a number of rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received any request.

You have the right to:

1) Ask for a copy of the information that we hold about you;
2) Correct and update your information;
3) Withdraw your consent (where we rely on it)
4) Object to our use of your information (where we rely on our legitimate interests to use your personal information) provided we do not have any continuing lawful reason to continue to use and process the information. When we do rely on our legitimate interests to use your personal information for direct marketing, we will always comply with your right to object;
5) Erase your information (or restrict the use of it), provided we do not have any continuing lawful reason to continue to use and process that information;
6) Transfer your information in a structured data file (in a commonly used and machine readable format), where we rely on your consent to use and process your personal information or need to process it in connection with your contract.

* You can exercise the above rights and/or manage your information by contacting us using the details below:

Post: The Data Controller, TMS Motor Group, Trinity Marina, Coventry Road, Hinckley, Leicestershire LE10 0NF.

Email: dpo@tmsmotorgroup.co.uk Phone: 01455 632478 (Calls may be recorded for quality and training purposes)

If we are unable to resolve any issues you raise within 30 days you have the right to complain to the Information Commissioners Office @ https://ico.org.uk/concerns

Changes to the privacy policy

We may change this privacy policy from time to time. You should check this policy occasionally to ensure you are aware of the most recent version.

The list of our manufacturer partners are below. Please visit their Privacy Policies to understand how they may use your data.

Volvo www.volvocars.co.uk

KIA www.kia.com/uk