Introduction

This website is operated by Varien Software Ltd. We take your privacy very seriously therefore we urge to read this policy very carefully because it contains important information about:

  • Who we are
  • How and why we collect, store, use and share personal information
  • Your rights in relation to your personal information
  • How to contact us and supervisory authorities in the event that you have a complaint

Who we are

Varien Software Ltd is the data controller in respect of any personal information to which this privacy policy applies.

You can contact us at our head office address:

Varien Software Ltd
3rd Floor
86-90 Paul Street
London
EC2A 4NE

Or you can email us: support@varien.co.uk

This policy (together with any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

The General Data Protection Regulation ((EU) 2016/679) (GDPR) (effective 25th May 2018) gives data subjects (living individuals in respect of whom personal data is processed) enhanced rights and protections in relation to their personal data. We are committed to safeguarding the privacy of the users of our website, products and services. Therefore, we have updated our Privacy Policy so we are completely clear as to what personal data we collect, why we collect that personal data and how we handle it.

Please read the privacy policy carefully. By visiting our website (varien.co.uk) you are accepting and consenting to the practices described in this policy.

What we do with your personal information

Varien Software Ltd collects and uses personal data relating to you such as name, address, email addresses etc when you complete registration forms or send emails to us. We may also record telephone calls made to telephone numbers included on our website.
In cases where you are seeking to open accounts with us which have a credit facility, we will conduct appropriate anti fraud and money laundering checks using publicly available sources such as press reports and credit reference agencies. The majority of the personal data we obtain about you is used for the purposes of administering your account and providing you with services relevant to the aftersales care of your vehicle.

We process personal data on the following legal grounds:

  • Where you have consented to the processing, this will generally apply only to processing for direct marketing purposes. In such circumstances you can withdraw your consent at any time by contacting us by email or telephone.
  • Where it is necessary for the performance of a contract, this will cover the majority of the processing we undertake with regards to providing you with the products and services requested from us and administering your account.
  • Where it is in our legitimate commercial interests to process your personal data subject to your rights as set out later in this policy. Where the processing is not covered by either of the two grounds above it will be processed on this basis.

We have a policy of only retaining your personal data for as long as we need it. We will retain personal data for as long as you have an active account with us and for as long as we are legally required to retain it once your account is closed.

Information we collect about you

With regard to each of your visits to our website we will automatically collect the following information:

  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. We will obtain this data through [our analytics tracking system]. We process this data so we can monitor and analyse how our website is used so we can improve our website and our services;
  • Information about your visit, including the full Uniform Resource Locators (URL). We process this data so we can monitor and analyse how our website is used so we can improve our website and our services.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

When will we disclose your personal data to others?

    • We may need to share your personal information with members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. These terms are defined in section 1159 of the UK Companies Act 2006. We will only share such personal information where this is necessary for the purposes set out in this policy.
    • We may need to share your personal information with certain selected third parties such as our business partners, suppliers and sub-contractors for the purpose of performing any contract we have with you or them.

We will also disclose your personal information to third parties in the following circumstances:

  • If we sell or buy any business or assets, in which case we may need to disclose certain personal data to the prospective seller or buyer of such business or assets.
  • If all or most of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce any legal agreement we have with you; or to protect our rights or property, or the safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where do we store your personal data?

We will always try to ensure that your personal data is processed within the United Kingdom and European Economic Area. In some circumstances this will not be possible. In circumstances where it is necessary for us to transfer your personal outside the United Kingdom and European Economic Area, we will only transfer such personal data to third parties where we have carried out due diligence on such third parties to ensure they will protect your personal data using similar standards and safeguards as we have. We will also have contractual provisions in place with such third parties to ensure your personal data is protected. Such contractual provisions will be based on the standard contractual clauses approved by the European Commission for the transfer of data outside the EEA or such other appropriate standards as are required from time to time by the European Commission or the UK Government. You consent to the transfer of your personal data outside of the EEA, as long as we comply with these requirements.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, and we will maintain appropriate technical and organisation measures to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Data security

We have appropriate security measures in place to prevent personal information from being accidentally lost or from being used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Your rights in relation to your personal information

You have the following rights in relation to the personal information Varien Software Ltd processes relating to you. Where you exercise these rights, Varien Software Ltd will provide information to you as to what action has been taken, if any, within 30 calendar days of receipt of your request. Where no action has been taken, Varien Software Ltd will explain our reasons why. Taking into account the complexity and number of requests, it may take Varien Software Ltd up to 90 calendar days to respond to your request. Where Varien Software Ltd intend to extend the deadline for responding, you will be informed within 30 calendar days of receipt of your request.

Right of Access

You have the right to request access to the personal information that Varien Software Ltd hold about you.

Rights in relation to inaccurate personal information

Where personal information that Varien Software Ltd holds about you is inaccurate, you have the right to request that those inaccuracies are rectified. Taking into account the purposes for which the personal information is processed, you also have the right to have incomplete personal information about you completed.

Right to erasure

In certain limited circumstances, you have the right to request that Varien Software Ltd erase personal information relating to you that Varien Software Ltd hold. This right only applies if any one of the following circumstances applies:

  • Where Varien Software Ltd no longer require the personal information for the purpose(s) for which it was obtained or otherwise used.
  • Where the processing is based on your consent, that consent has been withdrawn and there is no other legal ground for processing.
  • Where you have exercised your right to object to the processing and there is no overriding legitimate grounds for the processing.
  • Where you have exercised your right to object to the use of your personal information for direct marketing purposes.
  • Where the personal information have been unlawfully processed.
  • Where Varien Software Ltd are required to erase the personal information in order to comply with a legal obligation.

The right does not apply where the processing of your personal information is necessary:

  • For compliance with a legal obligation requiring Varien Software Ltd to process your personal information or where the processing is necessary for the performance of a task carried out in the public interest
  • For the establishment, exercise or defence of legal claims.

Right to restriction of processing

You have the right to request that Varien Software Ltd restrict the processing of your personal information in the following circumstances:

  • Where you have contested the accuracy of the personal information. In this case the processing of the personal information will be restricted for a period which enables Varien Software Ltd to verify the accuracy of the personal information in question.
  • Where the processing of the personal information is unlawful and you have objected to the information being erased and have instead requested the restriction of its use.
  • Where Varien Software Ltd no longer needs the personal information for the purposes set out in part 2 above but you require them for establishing, exercising or defending legal claims.
  • Where you have objected to the processing of your personal information as set out in section 3.6.1 below. In this case, processing of your personal information will be restricted pending verification of whether our legitimate grounds for continuing to process your personal information override your grounds for objecting.

Where processing of your personal information is restricted for any of the reasons above Varien Software Ltd will not process it, with the exception of storage, unless:

  • You have provided your consent,
  • For the establishment, exercise or defence of legal claims,
  • For the protection of the rights of another natural or legal person, or
  • For reasons of important public interest.

Where Varien Software Ltd have agreed to restrict the processing of your personal information, we will write to you to inform you that we will be lifting that restriction prior to doing so.

Right to data portability

This right only applies in the following circumstances:

  • Where the personal information in question consists of information you have provided to Varien Software Ltd,
  • Where the grounds for processing the personal information stated in section 2 above are consent, explicit consent or for the performance of a contract or to take steps at your request prior to entering into a contract, and
  • The processing of the personal information is carried via automated means.

Where this right applies, you have the right to receive your personal information in a structured, commonly used and machine readable format. You also have the right to transmit that information to another data controller or, where possible, directly from Varien Software Ltd to another controller.

Right to object to processing

You have the following rights in relation to objecting to the processing of your personal information by Varien Software Ltd:

  • You have the right to object at any time, on grounds relating to your particular situation, to the processing, and
  • The right to object specifically to the processing of your personal information for direct marketing purposes.

Right to object to processing

You have the right to object to the processing of your personal information at any time, on grounds relating to your particular situation. This only applies where the grounds for processing are:

  • The processing is necessary for the purposes of legitimate interests pursued by the data controller or by a third party, or
  • Processing is necessary for the performance of a task carried out in the public interest

Right to object to processing for the purposes of direct marketing

You have the right to object specifically to the processing of your personal information for the purposes of direct marketing. If you object to the processing of your personal information in this way, then Varien Software Ltd will no longer process it for that purpose.

Rights in relation to automated decision making & profiling

You have the right not to be subjected to a decision based solely on automated processing, including profiling, which would legally affect you or significantly affect you. However, this right will not apply if the decision:

  • Is necessary for the entering into, or performance of, a contract between you and Varien Software Ltd
  • Is authorised by or under any law to which Varien Software Ltd is subject, or
  • Is based on your explicit consent.

Right to complain to the Information Commissioner’s Office

Where you believe that Varien Software Ltd has failed to properly comply with its obligations in respect of your personal information, including your rights as set out in section 8.1-8.7 above, you can complain to the Information Commissioner.
The Information Commissioner’s Office’s address is:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

You can find more information about their role and how to submit a complaint on their website: www.ico.org.uk.

Last updated: 11/10/2020