1.Introduction This Data Protection Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from customers through the use of our services, or the use of our website or social media platform, how that information may be used or disclosed by us and the safeguards we use to protect it. 
Our Website and Services may contain links to third party websites that are not covered by this Data Protection Policy. Therefore any user should review the privacy statements of other websites and applications to understand their information practices. 
We have drafted this Data Protection Policy to be as clear and concise as possible. By using or accessing our Website or the Services, customers agree to the collection, use and disclosure of information in accordance with this Data Protection Policy. This Data Protection Policy may change from time to time and customer’s continued use of services is deemed to be acceptance of such changes. 

This Data Protection Policy was last updated on 25/01/2021 to add new provisions to the policy applicable regarding GDPR. 

2.Who We Are 2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give to customers as a 'data controller': • Our company name is Engine Management Services • Our registered address is Unit 53, Lancaster Road
Carnaby Industrial Estate
Bridlington
East Yorkshire
YO15 3QY • Our nominated representative or Data Protection Officer is Ian Gill 
2.2 We respect customer’s right to privacy and will only process personal information about customers accordance with the Data Protection Legislation which for the purposes of this Data Protection Policy shall mean: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 and other applicable privacy laws.     

 3.What we may collect 
3.1 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). 
3.2 We may collect, use, store and transfer different kinds of personal data about customers as follows: • Identity Data includes first name, last name, username or similar identifier. When customers email, phone, live chat or otherwise, we may collect information such as customer’s first name, last name, email address and phone number. 
• Contact Data includes billing address, invoicing address, email address and telephone numbers. 
• Financial Data includes bank account and payment card details. 
• Transaction Data includes details about payments and other details of our Services customers have purchased from us. 
• Technical Data includes internet protocol (IP) address, customer’s login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices customers use to access this Website. 
• Profile Data includes customer’s username and password, reservations made by customers, customer’s interests, preferences, feedback and survey responses. 
• Usage Data includes information about how customers use our Website and Services. 
• Marketing and Communications Data includes customer’s preferences in receiving marketing from us and our third parties and customer’s communication preferences. 
• Interaction Data includes any information that customers might provide to any discussion forums on the Website. • Cookies Data like many websites, we use "cookies" to enhance customer’s experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind. 
• Third Parties and Information we receive from other sources. We may receive information about customers if customers use any of the other websites we operate or through the Services we provide. In this case we will have informed customers when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about customers from them. 
• Analytics includes third-party analytics services (such as Google Analytics) to evaluate customer’s use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, customers consent to the processing of data about customers by these analytics providers in the manner and for the purposes set out in this Data Protection Policy.   
3.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from customer’s personal data but is not considered personal data in law as this data does not directly or indirectly reveal customer’s identity. For example, we may aggregate customer’s Usage Data to calculate the percentage of users accessing a website, social media platform related to our business or entry into our business. However, if we combine or connect Aggregated Data with customer’s personal data so that it can directly or indirectly identify customers, we treat the combined data as personal data which will be used in accordance with this Data Protection Policy. 
3.4 We do not collect any Special Categories of Personal Data about customers (this includes details about customer’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about customer’s health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.5 Under GDPR we will ensure that customer’s personal data is processed lawfully, fairly, and transparently, without adversely affecting customer’s rights. We will only process customer’s personal data if at least one of the following basis applies: a) Consent to the processing of personal data is for one or more specific purposes; b) processing is necessary for the performance of a contract to which customers are a party or in order to take steps at the request of customers prior to entering into a contract; c) processing is necessary for compliance with a legal obligation to which we are subject; d) processing is necessary to protect the vital interests of customers or of another natural person; e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.   
3.6 If we receive personal information in the course of providing our Services to customers from another data subject, we expect customers to have complete responsibility for ensuring that the contents of this Data Protection Policy are brought to their attention and customers have obtained their consent in the process. 
3.7 In some instances, it may be appropriate for us to combine customer’s information with other information that we may be holding about customers, such as combining customer’s name with customer’s geographic location or customer’s browsing or purchasing history.     

4.How we may collect and use customer’s data 
4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use customer’s personal information by way of different methods to collect data from and about customers including through: Direct interactions. Customers may give us customer’s information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data customers provide when customers: a) present Website content; b) use any of our Services; c) create an account on our Website; d) subscribe to our Services or publications; e) request marketing to be sent to customers; f) enter a competition, promotion or survey; or g) give us some feedback.   
4.2 In addition to the above, we may use the information in the following ways: 
a) To personalise customer’s Website experience and to allow us to deliver the type of content and product offerings in which customers are most interested. 
b) To administer a contest, promotion, survey or other site feature. 
c) If customers have opted-in to receive our e-mail newsletter, we may send customers periodic e-mails. If customers would no longer like to receive promotional e-mail from us, please refer to the "How can customers opt-out, remove or modify information customers have provided to us?" section below. If customers have not opted-in to receive e-mail newsletters, customers will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us. 
d) Present Website content effectively to customers. 
e) Provide information, and services that customers request, or (with customer’s consent) which we think may interest customers. 
f) Carry out our contracts with customers. 
g) Provide the relevant Services to customers 
h) Tell customers our charges.   
4.3 If customers are already our customer, we will only contact customers electronically about things similar to what was previously sold to customers. 
4.4 If customers are a new customer, customers will only be contacted if customers agree to it. 
4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and customers will not be identified from this information. 
4.6 In addition, if customers don't want us to use customer’s personal data for any of the other reasons set out in this section in 5, customers can let us know at any time by contacting us at [Email Address], and we will delete customer’s data from our systems. However, customers acknowledge this will limit our ability to provide the best possible [products and] services to customers. 
4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the [products and] services we can provide customers if customers don't provide customer’s personal data in these cases. 
4.8 We will only use customer’s personal data when the law allows us to. Most commonly, we will use customer’s personal data in the following circumstances: 
a) Where we need to perform the contract we are about to enter into or have entered into with customers. 
b) Where it is necessary for our legitimate interests (or those of a third party) and customer’s interests and fundamental rights do not override those interests. 
c) Where we need to comply with a legal or regulatory obligation   
4.9 Generally we do not rely on consent as a legal basis for processing customer’s personal data other than in relation to our marketing communications or sending third party direct marketing communications to customers via email or text message. Customers have the right to withdraw consent to marketing at any time by contacting us, and we will either delete customer’s data from our systems or move customer’s data to our "unsubscribe list". However, customers acknowledge this will limit our ability to provide the best possible services to customers. 
4.10 As already indicated above, with customer’s permission and/or where permitted by law, we may also use customer’s data for marketing purposes which may lead to us contacting customers by email and/or telephone with information, news and offers on our Services. We agree that we will not do anything that we have not agreed to under this Data Protection Policy, and we will not send customers any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect customer’s rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.     

5.Cookies 
5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law. 
5.2 We use cookies to distinguish users and improve our Website.     

6.Where we store customer’s data and security 
6.1 We may transfer customer’s collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil customer’s order and to receive our Services and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that customer’s data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Customer’s acceptance of this Data Protection Policy shall be customer’s consent permitting us to store or transfer data outside the EEA if it is necessary for us to do so. 
6.2 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield. 
6.3 Data security is of great importance to us, and to protect customer’s data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to customer’s personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process customer’s personal data on our instructions and they are subject to a duty of confidentiality. 
6.4 We have put in place procedures to deal with any suspected personal data breach and will notify customers and any applicable regulator of a breach where we are legally required to do so. 
6.5 By giving us customer’s personal data, customers agree to this arrangement. We will do what we reasonably can to keep customer’s data secure. 
6.6 Any payments made by customers, will be encrypted. 
6.7 We have implemented security measures such as a firewall to protect any data and maintain a high level of security. 
6.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that customers are advised to take suitable precautions when transmitting to us data via the internet and customers take the risk that any sending of that data turns out to be not secure despite our efforts. 
6.9 If we give customers a password upon registration on our Website, customers must keep it confidential. Please don't share it. 
6.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.     

7.Disclosing customer’s information We are allowed to disclose customer’s information in the following cases: 7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer. 
7.1.2 We can disclose it to other businesses in our group. 
7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights. 
7.1.4 We can exchange information with others to protect against fraud or credit risks.  
7.2 We may contract with third parties to supply services to customers on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of customer’s data. 
7.3 Where any of customer’s data is required for such a purpose, we will take all reasonable steps to ensure that customer’s data will be handled safely, securely, and in accordance with customer’s rights, our obligations, and the obligations of the third party under GDPR and the law.     

8.Customer’s rights 
8.1 When customers submit information to us by any means, customers may be given options to restrict our use of customer’s data. We aim to give customers strong controls on our use of customer’s data (including the ability to opt-out of receiving emails from us which customers may do by unsubscribing using the links provided above in this Data Protection Policy. 
8.2 Under the GDPR, customers have the right to: 
• request access to, deletion of or correction of, customer’s personal data held by us at no cost to customers; 
• request that customer’s personal data be transferred to another person (data portability); 
• be informed of what data processing is taking place; 
• restrict processing; • to object to processing of customer’s personal data; and 
• complain to a supervisory authority.   
8.3 Customers also have rights with respect to automated decision-making and profiling as set out in section 11 below. 
8.4 Customers have the right to ask us not to process customer’s personal data for marketing purposes. We will usually inform customers (before collecting customer’s data) if we intend to use customer’s data for such purposes or if we intend to disclose customer’s information to any third party for such purposes. 
8.5 To enforce any of the foregoing rights or if customers have any other questions about our please contact us.    

9.Links to other sites 
9.1 Please note that our terms and conditions and our policies will not apply to other websites that customers get to via a link from our Website. We have no control over how customer’s data is collected, stored or used by other websites and we advise customers to check the privacy policies of any such websites before providing any data to them.     

10.Changes 
10.1 If we change our Data Protection Policy, we will post the changes on this page. If we decide to, we may also email customers.     

11.Automated Decision-Making and Profiling 
11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on customers, customers have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us. 
11.2 The right described in section 11.1 does not apply in the following circumstances: a) the decision is necessary for the entry into, or performance of, a contract between the customers and us; b) the decision is authorised by law; or c) customers have given customers explicit consent.   
11.3 Where we use customer’s personal data for profiling purposes, the following shall apply: 
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences; b) Appropriate mathematical or statistical procedures will be used; 
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and 
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.       

12.Terms and Conditions 
12.1 Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website.     
13.Customer’s Consent 
13.1 By using our Website and by way of acknowledgment, customers consent to our Data Protection Policy.     14.Dispute Resolution 
14.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Data Protection Policy or any breach of it. 
14.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation. 
14.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure. 
14.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator. 
14.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings. 
14.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them. 
14.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme. 
14.8 Any dispute shall not affect the parties' ongoing obligations under this Data Protection Policy.