Welcome to the BHMA LIMITED privacy notice.
Version: February 2022
BHMA LIMITED (BHMA) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data, tells you about your privacy rights and how the law protects you.
This privacy notice is relevant to our relationship with you as a buyer of the goods we sell and so relates to our interactions with you when you (i) visit our website, (ii) make an enquiry in any manner or (iv) negotiate or enter into a contract for good or services with us whether online or offline.
BHMA’s customers are business customers only. In this privacy notice we assume that you are a business customer and are a corporate subscriber (as defined in the privacy and e-comm regulations - PECR). If you are a sole trader or operate as a partnership and would otherwise be an individual subscriber under PECR, we will know this from your set up of a credit account but otherwise, in the event that you are an individual subscriber, your provision of data to us is deemed to be on basis that you have not yet opted out (soft opt in rules for limited marketing of our products to you as a customer or potential customer). You can opt out at any time using the contact details below.
Purpose of this privacy notice- This privacy notice aims to give you information on how BHMA collects and processes the personal data collected through interactions with 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 other notices and privacy policies and is not intended to override them.
Controller - BHMA LIMITED (Company number: 02662130) of 7 - 10, Ashley Park Common Road, Witchford, Cambridgeshire, CB6 2HZ is the controller and responsible for your personal data (collectively referred to as “BHMA”, "we", "us" or "our" in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Contact details- If you have any questions about this privacy notice or our privacy practices, please contact our data privacy manager: Email address: firstname.lastname@example.org
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
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.
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 data about you which we have grouped together as follows. Not all of this will be personal data and on the basis that our customers are businesses and corporate subscribers we consider only Identity, Contact Data, Profile Data and Marketing Data to be personal data:
- Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details where you pay us directly. If our third party payment provider is used we do not collect or process this type of data ourselves.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes information about how you use our website, products and services.
- Marketing Data includes your preferences in receiving marketing from us and our third parties (i.e. opt out).
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data- Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How is your personal data collected?- We use different methods to collect data from and about you including through:
Directly Collected. You may give us data by filling in forms, placing orders with us, or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Buy goods from us on the website or offline (for such sales out Terms of sale apply at all times;
- create an account with us;
- apply for a credit account;
- enter a competition, promotion or survey; or
- give us feedback or otherwise contact us.
All calls to BHMA are recorded for training purposes and also to ensure that information is to hand in the event of dispute. We do not record part of a call when payment information may be taken in accordance with best practice.
You warrant that where an individual of your business provides personal data concerning other employees or agents of the business BHMA may use such data in accordance with this privacy notice.
How we use your personal data- We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (i.e. marketing messages: to send a newsletter or email marketing related to purchases you have made)
- Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Opting out- You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose - We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data- We may share personal data with the parties set out below.
- Our parent company in the US (Prox Capital) and other group companies where relevant.
- Service providers acting as processors such as:
Third Party Processor
Providing the services of:-
Other delivery means
Various: depends on the delivery requirement
May be required to deliver direct to you / provide customised goods
Internal Systems we use
May be worldwide: We ensure that data processing agreements are in place. These are subject to change from time to time.
Salesforce (a global company with global data centres) https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf
Orderwise – a UK company/ all data is located in the UK and we have data processing agreements in place also see https://orderwise.co.uk/privacy-cookie-policy/
Mailgun - https://www.mailgun.com/dpa/
Office 365- a global company
CRM and sales information
Order management software
Internal email and other office functionality
To take payment whether online or offline
Consultant / analyst under a contract with data processing protections
Business consultant / analyst
- Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers- Save as provided above in relation to Third Parties we do not transfer your personal data outside the UK. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
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.
Data retention- How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. Any personal data entered into OrderWise is stored here indefinitely whilst we use this service.
In some circumstances you can ask us to delete your data: see section below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
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: If you want us to establish the data's accuracy; Where our use of the data is unlawful but you do not want us to erase it; 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; 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. This is not relevant to the services we provide.
- 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 wish to exercise any of the rights set out above, please contact us at email@example.com
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 could 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 could 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.