Terms and conditions of sale
1.1 In these terms and conditions:
"Arco" means Arco Safety Limited
"Conditions" means the terms and conditions for the supply of goods by Arco herein contained;
"Purchaser" means the person, firm or company purchasing goods from Arco;
"Contract" means the contract of sale for the supply of goods between Arco the Purchaser;
1.2 Headings in these Conditions are for ease of reference only and shall not affect in any way the interpretation of the provisions hereof.
2. Arco's Conditions Apply
2.1 Unless otherwise specifically agreed in writing by Arco, all Contracts and quotations for the supply of goods by Arco are made upon these Conditions which shall at all times override any terms and conditions which the Purchaser imposes or seeks to impose.
2.2 Delivery of any goods following a quotation for supply made by Arco will be made only upon the Conditions. Orders are accepted subject to the Conditions.
2.3 Any variation must be approved by an authorised Arco employee and be in writing. Any quotation or estimate is given subject to the Conditions.
2.4 These Conditions supersede and override any other terms and conditions set out previously in any forms, publications and documentation issued by Arco.
2.5 Arco reserves the right to change these Conditions from time to time as it sees fit.
2.6 Arco reserves the right to terminate the Contract upon any repudiation of these Conditions by the Purchaser.
3. Payment Terms
3.1 Terms of payment are 30 days from the date of invoice and in default of full payment when due Arco shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:
3.1.1 terminate any outstanding order or quotation;
3.1.2 withhold and/or suspend supplies;
3.1.3 reduce the Purchaser's credit limit; and/or
3.1.4 charge the Purchaser interest on the amount unpaid at the rate of 8% above HSBC Bank Plc base rate until payment in full is made.
3.2 The Purchaser will indemnify Arco in respect of all costs incurred by Arco in recovering payments due from the Purchaser, including all legal costs.
3.3 No payment shall be deemed to have been received until Arco has received cleared funds.
3.4 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser's bankers unpaid, the Purchaser will indemnify Arco in respect of all resulting bank charges incurred by Arco.
3.5 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Arco to the Purchaser.
3.6 Arco reserves the right to set off, deduct or discount any amounts due from Arco to the Purchaser, under any other arrangement with the Purchaser, against any monies due to Arco from the Purchaser under the Contract.
4.1 All prices displayed in both Arco's printed and online publications are subject to VAT where applicable.
4.2 Prices are correct at time of issue and are subject to change without prior notice.
4.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.
5. Retention of Title
5.1 Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Arco has received in cleared funds the full price payable for such goods and all other goods supplied by Arco to the Purchaser for which payment is then due.
5.2 Until legal title passes, the Purchaser shall hold the goods as Arco's fiduciary agent and bailee and shall keep them properly protected, insured and stored separately from any other goods (whether or not supplied by Arco). Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Arco for the proceeds of sale and pending payment shall hold such proceeds on trust for Arco absolutely.
5.3 The Purchaser's right to resell or use the goods shall terminate automatically on the occurrence of any event set out in Condition 14 and/or if any sum owed to Arco by the Purchaser is not paid when due.
5.4 Until such time as legal title in the goods passes to the Purchaser Arco may at any time require the Purchaser, its liquidator or receiver to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
5.5 In addition and without prejudice to any other right or remedy available to Arco, if the Purchaser is in breach of the payment terms or of any of its obligations under these Conditions, Arco shall be entitled to:
5.5.1 cancel the Contract;
5.5.2 suspend further deliveries; or
5.5.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
5.6 Arco reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition 14 occurs.
6.1 Terms and conditions for delivery are only applicable in the Republic of Ireland. For delivery outside the Republic of Ireland please contact Arco's export department.
6.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser's principal place of business.
6.3 Where Arco makes delivery of the goods to the Purchaser's principal place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at Arco's option, be borne by the Purchaser.
6.4 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk in such goods shall pass to the Purchaser (including for loss or damage caused by Arco's negligence) and Arco may:
6.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
6.4.2 sell the goods at the best price readily obtainable and (after deduction of all storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
6.5 Any dates specified by Arco for delivery of the goods are intended to be an estimate and time of delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.
6.6 Arco reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.
6.7 The quantity of any consignment of goods as recorded by Arco upon despatch from Arco's place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
6.8 Claims for shortages or damaged goods must be made in writing to Arco within 3 days of receipt of the goods.
6.9 Claims for non delivery must be made to Arco within 10 days of date of despatch shown on invoice.
7.1 Notwithstanding any other provision in the Contract, Arco may in its absolute discretion allow the Purchaser to return the goods upon the following conditions:
7.1.1 that the relevant goods are in good condition and in good working order;
7.1.2 that the relevant goods are goods that are ordinarily held in stock at one of Arco's locations;
7.1.3 that the Purchaser notifies Arco within 10 days of delivery of its intention to return the goods;
7.1.4 that the goods are returned to Arco within 15 days of delivery;
7.1.5 Arco and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to Arco or collected by Arco from the Purchaser;
7.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale; and
7.1.7 the Purchaser agrees to pay Arco a 15% handling fee against the return of non-faulty standard goods. This handling fee will be reduced to 10% if the return is processed via Arco's website.
7.2 Notwithstanding any other provision in the Contract, Arco may from time to time in its absolute discretion accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock at one of Arco's locations.
8. Small Order Charge
8.1 A small order charge of €10.00 (excluding VAT) will be applied if the order value is below €100.00.
8.2 No small order charge shall apply where goods are ordered from Arco's website (www.arcosafety.ie).
9.1 If Arco establishes to its reasonable satisfaction that there is a defect in the goods or there is some other failure by Arco in relation to the conformity of the goods with the Contract, then Arco may, in its absolute discretion, and within a reasonable time:
9.1.1 replace such goods with goods which are in all respects in accordance with the Contract; or
9.1.2 issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such goods as appropriate having taken back such goods, subject, in every case, to the remaining provisions of this Condition provided that the liability of Arco under this Condition shall in no event exceed the purchase price of such goods and performance of any one of the above options shall constitute an entire discharge of Arco's liability under this Condition.
9.2 This Condition shall not apply unless the Purchaser:
9.2.1 notifies Arco of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;
9.2.2 allows Arco to collect the relevant goods;
9.2.3 complies with any reasonable request or instruction from Arco; and
9.2.4 affords Arco a reasonable opportunity to inspect the relevant goods.
9.3 If Arco elects to replace the goods pursuant to this Condition, Arco shall deliver the replacement goods to the Purchaser at Arco's own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested in the Purchaser) re vest in Arco.
9.4 Arco shall be under no liability under the Contract:
9.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Arco's or the manufacturers instructions whichever is appropriate (whether oral or in writing);
9.4.2 if the total price for the goods has not been paid by the due date for payment;
9.4.3 in respect of any type of defect or damage specifically excluded by Arco by notice in writing; or
9.4.4 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.
9.5 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.1 Subject to Condition 9 above this Condition sets out the entire liability of Arco (including any liability for the acts or omissions of its employees, agents and sub contractors) to the Purchaser in respect of:
10.1.1 any breach of the Conditions or the Contract;
10.1.2 any use made or resale by the Purchaser of any of the goods or any component of the goods, or any product incorporating any of the goods; and
10.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 Nothing in the Conditions excludes or limits the liability of Arco for death or personal injury caused by Arco's negligence, or for fraudulent misrepresentation or for any fraud or for any matter which it would be illegal for Arco to exclude or attempt to exclude its liability.
10.3 Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the amount payable to Arco under the Contract.
10.4 Arco shall not be liable to the Purchaser for any indirect loss, loss of profit, loss of business or depletion of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract.
11.1 Any services which are subject to a separate fee and are to be performed by Arco under the Contract are performed in accordance with Arco's terms and conditions of service. A copy of the terms and conditions of services are available upon request.
12. Safety and Product Recalls
12.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.
12.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Arco have all the information required on health and safety and Arco shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Arco in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
12.3 The Purchaser shall keep Arco properly informed of all complaints concerning the goods and shall comply with any directions of Arco in any issues, proceedings or negotiations relating to such complaint.
12.4 In the event of any recall of the goods by Arco the Purchaser shall co-operate fully and promptly with any steps taken by Arco under the Condition below.
12.5 Arco may at its discretion recall any goods already sold by Arco to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Arco) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by Arco to the Purchaser. The Purchaser agrees to give all reasonable assistance to Arco or the manufacturer in resisting any claim which may arise under any recall of product by Arco or the manufacturer of such product.
13. Force Majeure
13.1 Arco reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Arco including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to Arco to terminate the Contract.
14.1 Arco may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Arco if:
14.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;
14.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Arco to remedy or desist from such breach within a period of 14 days;
14.1.3 any distress execution or diligence is levied upon any of the Purchaser's goods or property and is not paid out within 7 days of it being levied;
14.1.4 the Purchaser (being an individual or member of a partnership), or a partner of the Purchaser, offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner(s) generally or there is presented in relation to the Purchaser, or a partner of the Purchaser, a petition of bankruptcy;
14.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts as they fall due as described in Section 214 of the Companies Act, 1963 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an examiner or have a receiver appointed to the whole or any part of the Purchaser's business, undertaking, property or assets;
14.1.6 the Purchaser ceases, or threatens to cease, to carry on business; or 1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
14.2 Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Arco at the Contract rate all payments subsisting at the time of termination.
15. Product Information
15.1 Arco has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but Arco gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, Arco's policy is one of continuous improvement and the right is reserved to alter details and information at any time as the need arises.
15.2 Accordingly, the Purchaser should check any details and information they wish to rely on with Arco at the time of purchase. Arco accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.
16. Arco Disclaimer
16.1 Any products shown in both our printed or online publications do not represent endorsement by Arco of any other products, services or organisations.
17. Colour Reproduction
17.1 The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.
18. Data Protection
18.1 Arco will at all times comply with its obligations under the Data Protection Acts 1988 and 2003 and all regulations made thereunder (as may be amended from time to time).
18.2 Arco may monitor and record all telephone calls for the following purposes:
18.2.2 quality and control; and
18.2.3 to confirm verbal instructions.
18.3 Arco has and maintains privacy policies in respect of its website and its business activities generally. Hard copies are available upon request.
19.1 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of Arco.
19.2 Arco may assign the Contract or any part of it to any person, firm or company.
20.1 Each right or remedy of Arco under the Contract is without prejudice to any other right or remedy of Arco whether under the Contract or not.
20.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract. This obligation shall not apply to information that (i) is or falls into the public domain otherwise than due to a breach of this obligation by the recipient; (ii) was lawfully in the recipient's possession at the time of disclosure by the disclosing party; or (iii) was lawfully acquired from an independent third party who did not itself obtain it under an obligation of confidentiality.
20.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
20.4 Failure or delay by Arco in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
20.5 Any waiver by Arco of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
20.6 The Contract and any non-contractual obligations arising out of or in connection with it shall be governed by Irish law.
20.7 Subject to Condition 20.8 below, Arco and the Purchaser agree that the courts of Ireland shall have exclusive jurisdiction to determine any dispute arising out of or in connection with this Contract (including without limitation in relation to any non-contractual obligations). The Purchaser irrevocably submits to the jurisdiction of the Irish courts.
20.8 Arco reserves the right to bring proceedings in any other court of competent jurisdiction and, to the extent allowed by law, Arco may take concurrent proceedings against the Purchaser in any number of jurisdictions. The Purchaser irrevocably submits to the jurisdiction of such other courts.
20.9 The invalidity of any individual provision of these Conditions shall not affect the validity of the remaining provisions.
21. All Rights Reserved
21.1 No part of any Arco publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
21.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.
21.3 All prices are subject to VAT. All prices are subject to alteration without notice. Arco reserve the right to amend the Conditions which are subject to confirmation at the time of application.
Security is of the utmost importance to Arco Safety and for that reason we are making every effort to provide a site that ensures secure online ordering and payment processing.
When you submit financial information such as credit card details we collect that information using a VeriSign certified, secure-server page using industry-standard SSL (secure socket layer) encryption.
To check our security certificate is valid you can either click on the VeriSign logo on the credit card details page or the gold padlock at the bottom of the browser window.
Your arcosafety.ie account information and personal profile are protected by your username and password so that only you have access to them. You can update your personal profile by logging into the arcosafety.ie site and then selecting the 'my account' button from the main navigation bar and then choosing 'My Details' from the menu.
We strongly advise that you do not let other people become aware of your username and password, to ensure that unauthorised users cannot gain access to your personal profile and account information. We also recommend that you close your browser window when you have completed using the arcosafety.ie site. This ensures that unauthorised users cannot access your personal profile, account information or order goods using your details if you share a computer or are using a computer in a public place.
If you share a computer with other users and they wish to use arcosafety.ie, we recommend that each user that has access to the PC registers separately with us. This will ensure that the details of the users of the shared PC are kept secure from each other and will prevent unauthorised transactions or unauthorised viewing of personal and account information.
Although arcosafety.ie place the utmost importance on protecting information transmitted via the arcosafety.ie site and will take security precautions to protect all information, arcosafety.ie cannot guarantee that any electronic transfer of information or transaction is totally secure. arcosafety.ie will take measures to secure and protect all customer information from loss, abuse, misuse, and alteration. Your adherence to the security suggestions made in this security policy will assist us greatly with this.
Should you require assistance with any aspect of the arcosafety.ie site then contact our web site help desk on 01 409 5002.
Welcome to Arco Ltd.�s. privacy notice. We respect 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 when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice aims to give you information on how Arco Ltd., collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
We are the controller and responsible for your personal data (collectively referred to as, "we", "us" or "our" in this privacy notice).
Arco Ltd. is made up of different legal entities. This privacy notice is issued on behalf of the Arco Group so when we mention, "we", "us" or "our" in this privacy notice, we are referring to the relevant company in the organisation within the Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. Each organisation is the controller and responsible for their website.
We have appointed a data protection officer (DPO) 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 DPO using the details set out below.
Arco Ltd. Data Protection Officer, PO Box 21, Waverley Street, Hull, HU1 2SJ Email GDPR@arco.co.uk
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Our 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.
Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. Contact Data includes address, delivery address, email address and telephone numbers. Financial Data includes bank account and payment card details. 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 internet protocol (IP) address, your 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 you use to access this website. Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. Usage Data includes information about how you use our website, products and services. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
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.
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 with you for example, to provide you with goods or services. 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.
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our products or services; create an account on our website; subscribe to our service or publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. This could also include recording mouse clicks and monitoring page scrolling and text held to web site forms. We collect this personal data by using cookies, [server logs] and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
Third parties or publicly available sources. We may receive personal data about you from various third parties [and public sources] as set out below: Technical Data from the following parties: analytics providers such as Google based outside the EU, SesionCam Ltd. Advertising networks; and search information providers.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services
Identity and Contact Data from data brokers or aggregators
Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.
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.
Where we need to comply with a legal or regulatory obligation, generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Purposes for which we will use your personal data
We have set out in a table format in the Appendix, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal data with any company outside the Arco Group of companies for marketing purposes.
You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
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.
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.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Internal Third Parties, External Third Parties,
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.
We may share your personal data within the Arco Group. This may involve transferring your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules".
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
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.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are [available in our retention policy which you can request from us by contacting us OR set out in the table in paragraph 4 above.
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. In some circumstances, you can ask us to delete your data: see [Request erasure] below for further information.
In some circumstances, we may 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.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
Request access to your personal data, Request correction of your personal data, Request erasure of your personal data, Object to processing of your personal data, Request restriction of processing your personal data, Request transfer of your personal data.
If you wish to exercise any of the rights set out above, please contact us
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
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.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Other companies in the Group acting as joint controllers or processors who and IT and system administration services and undertake leadership reporting.
Service providers acting as processors based who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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