Chemagility Ltd - Privacy Notice

This website is administered by Chemagility Limited (“Chemagility”). The primary purpose of Chemagility is to be a leading provider of business intelligence, analysis and consultancy services for the global chemical distribution industry. We want you to feel secure when visiting our site and are committed to maintaining your privacy when doing so.

1 DEFINITIONS

References in this policy to "data protection law" mean (as applicable) the Data Protection Act 1998, the General Data Protection Regulation (Regulation (EU) 2016/679), and all related data protection legislation having effect in the United Kingdom from time to time (including the Data Protection Act 2018).

2 OUR DETAILS

For the purposes of data protection law, the data controller with conduct of your personal information is Chemagility Limited (company number 04512553) of 3000 Cathedral Hill, Guildford, Surrey, England, GU2 7YB.

3 HOW WE USE YOUR INFORMATION

3.1 The following sections explain what information we hold about you, why we are processing that information, the legal basis for the processing, the duration for which we keep your information and (if applicable) who your information will be shared with and where those recipients are based.

Which information do we process and for what purpose?

3.2 We process the following information from you:

  • 3.2.1 Information you give us. This is information about you that you give us by filling in forms on our website, emailing us, writing to us or speaking to us by phone or in person. The information you give us may include your name, job title, employment details, contact address, email address, phone number and, in certain circumstances, banking information.
  • 3.2.2 Information we collect about you. Like most other website operators, we collect non-personally identifying information of the sort that web browsers and servers typically make available. This includes technical information, such as your IP address and your login information and information about your visit, such as records of how you navigate the pages on our website and how you interact with the pages. We process this information to ensure that content from our website is presented in the most effective manner for you and for your device. For more information on how our website uses cookies, please refer to section 5 below.
  • 3.2.3 We also collect and compile information on company contacts and key individuals in the chemical industry for use in our distributor directory. This information is a combination of information you give us and information we collect about you from public sources (such as your company website). This information would include your name, job title, contact information and details of your employer.
  • 3.2.4 Information obtained from or provided by third parties. This is typically the case where your employer, principal or a colleague supplies us with your information, for example where you are the point of contact for that organisation. If you are a sole trader or a partner within a legal partnership then we may receive your information from your employees or fellow partners. Such information includes your name, contact details, job title and, in certain situations, bank details.
  • 3.2.5 We process your information for the following purposes:
    • 3.2.5.1 where you are a customer of ours (or an employee or representative of a customer of ours), to supply you (or your organisation) with the services you have purchased from us. This includes us taking pre-contractual steps such as providing you with a costs quote or negotiating the terms of the contract between us;
    • 3.2.5.2 where you are a customer of ours (or an employee or representative of a customer of ours), to manage your (or your organisation's) account with us, including the issuing of requests for payment and managing your subscription, if you have one;
    • 3.2.5.3 where you are a supplier or contractor of ours (or an employee or representative of a supplier/contractor of ours), to request and obtain goods and/or services we have purchased from you (or your organisation), including taking pre-contractual steps such as obtaining a fee quote from you or negotiating the contract between us;
    • 3.2.5.4 where you are a supplier or contractor of ours (or an employee or representative of a supplier/contractor of ours), to manage our account with you (or your organisation), including making payment for invoices;
    • 3.2.5.5 where you are a customer or prospective customer of ours, to send you marketing communications about our products and services which we think will be of interest to you;
    • 3.2.5.6 should you make an enquiry with us, to respond to your enquiry or to follow up our own enquiries; and
    • 3.2.5.7 to maintain our chemical distributor directory, to produce industry reports and to advise our customers.

What are the grounds for processing your information?

3.3 We are processing your personal information on the following grounds:

  • 3.3.1 if you are a customer or supplier of ours, because the processing is necessary for the performance of the contract between you and us, including the taking of pre-contractual steps;
  • 3.3.2 if you are an employee or representative of a customer or supplier of ours, because we have a legitimate interest in processing your information in order to perform the contract between us and your employer or principal, including taking any pre-contractual steps. In accordance with data protection law, we have carefully weighed your interests and fundamental rights and freedoms against our interest to process your information in this way and are satisfied that we are justified in doing so;
  • 3.3.3 in certain circumstances, the processing is necessary for us to comply with our legal or regulatory obligations;
  • 3.3.4 processing is based on your consent. This will typically be the case where you have opted into receiving marketing communications from us;
  • 3.3.5 in all other cases, the processing is necessary for achieving our legitimate interests of:
    • 3.3.5.1 maintaining accurate internal records of customers, suppliers, contractors and their contacts for administrative and commercial purposes. This includes where we keep a record of potential supplier details with a view to using their services or purchasing their products in the near future;
    • 3.3.5.2 responding to your enquiry, whether submitted through our website, email, over the telephone, in person or otherwise;
    • 3.3.5.3 sending you marketing information about our products and services (including, where applicable, on the basis of the soft opt-in under the Privacy and Marketing Communications Regulations). You can unsubscribe from these communications at any time by following the instructions contained in the communication or by contacting us using the details in section 10 below; and
    • 3.3.5.4 producing a centralised directory of chemical distributors and their contacts for the benefit of our website visitors and customers, including keeping the directory accurate and up to date, and in accordance with data protection law we have carefully weighed your interests and fundamental rights and freedoms against our interest to process your information and are satisfied that we are justified in processing your information for these purposes.

Duration and further processing

3.4 We only keep your information for so long as it is reasonably necessary. Generally speaking, we keep your personal information for the following periods of time:

  • 3.4.1 for customer, supplier and contractor information (including contact details of employees and representatives) where we enter into a contract - seven years from the date of termination of our contract (unless the contract was executed as a deed, in which case thirteen years from the date of termination);
  • 3.4.2 for customer, supplier and contractor information (including contact details of employees and representatives) where a contract is not entered into between us - three years from the last communication between us on that matter; and
  • 3.4.3 for personal information featured in our distributor directory, until such time as we identify or are notified that your information needs to be changed or removed, for example because it has become outdated.

3.5 If we need to keep your information for a longer period then we will notify you of the reason and grounds for doing so.

Who is your information shared with?

3.6 Your personal information is not shared with anyone except where we are required to do so to comply with the law, to protect our rights, to provide our services or to efficiently operate our business. In order to achieve these purposes, we will share your data with the following people or groups of people:

  • 3.6.1 our outsourced IT providers. Our IT providers may in certain circumstances require access to data held on our systems, for example when we need to troubleshoot a technical issue. Our IT providers are subject to strict contractual obligations to treat your personal information with the utmost sensitivity, to keep it confidential and to comply with data protection law at all times;
  • 3.6.2 potential purchasers of our business, subject to those persons entering into strict confidentiality obligations with us and only to the extent permissible under data protection law;
  • 3.6.3 our professional advisers, such as our accountants and solicitors, who are subject to professional duties of confidentiality; and
  • 3.6.4 for contacts on our distributors directory, with users of our directory.

3.7 Except for the information which we make available in our distributor directory, to the best of our knowledge, understanding and belief your information will not be transferred outside of the European Economic Area or to any country which is not approved by the European Commission. If this changes then we will let you know.

Automated decision making

3.8 We do not make automated decisions about you based on your information. If this changes in the future then we will let you know.

4 YOUR RIGHTS

4.1 Under data protection law you have the following rights:

  • 4.1.1 the right to be informed as to what we do with your information. This includes but is not limited to the right to know what information we gather, process and store, what we do with it, who we share it with and how long we keep it for. This information is set out in this Privacy Notice;
  • 4.1.2 if we are processing your data on the basis of your consent then you have the right to withdraw that consent at any time. One way of doing so would be to notify us using the details set out in section 10 below. In the case of marketing communications sent to you on the basis of your consent, each communication will clearly indicate how you can withdraw your consent. Please note that the lawfulness of our historic processing based on your consent will not be retrospectively affected by your subsequent withdrawal of consent;
  • 4.1.3 the right to access a copy of your information which we hold. This is called a 'subject access request'. Additional details on how to exercise this right are set out in section 6, below;
  • 4.1.4 the right to prevent us processing your information for direct marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us using the details set out in section 10, below;
  • 4.1.5 the right to object to decisions being made about you by automated means. We do not currently use automated decision making but we will let you know if this changes in the future;
  • 4.1.6 the right to object to us processing your personal information in certain other situations;
  • 4.1.7 the right, in certain circumstances, to have your information rectified, blocked, erased or destroyed if it is inaccurate;
  • 4.1.8 the right, in certain circumstances, to claim compensation for damages caused by us breaching data protection law;
  • 4.1.9 the right, in certain circumstances, to request that we erase, rectify, cease processing and/or delete your information; and
  • 4.1.10 in certain circumstances, the right to request the information we hold on you in a machine readable format so that you can transfer it to other services. This right is called 'data portability'. Additional details on how to exercise this right are set out in section 6, below.

4.2 Should you have any concerns about how we hold and process your information, you have the general right to complain to us (in the first instance) and, if you are not satisfied by our response, to your local supervisory authority (which in the UK is the Information Commissioner's Office). Our contact details are set out in section 10, below. The Information Commissioner's Office website is www.ico.org.uk.

4.3 If you are based in the UK then you can obtain further information on your rights under data protection law and how to exercise them by contacting Citizens Advice Bureau (www.citizensadvice.org.uk) or the Information Commissioner's Office (www.ico.org.uk).

5 COOKIES

5.1 Our website uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

5.2 Visitors to our website who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our site. Please note that some features of our website may not function properly without the aid of cookies.

6 ACCESS TO INFORMATION

6.1 Under data protection law you can exercise your right of access by making a written request to receive copies of some of the information we hold on you. You must send us proof of your identity, or proof of authority if making the request on behalf of someone else, before we can supply the information to you. Requests should be sent to us using the contact details in section 10 below.

6.2 You do not need to pay a fee to exercise this right unless you are requesting copies of documents you already possess, in which case we may charge our reasonable administrative costs. We are, however, allowed to charge you for our reasonable administrative costs in collating and providing you with details of the requested information which we hold about you if your request is clearly unfounded or excessive. In very limited circumstances, we are also entitled to refuse to comply with your request if it is particularly onerous.

6.3 In certain circumstances, you are entitled to receive the information in a structured, commonly used and machine readable form.

7 DATA SECURITY

We will always store your digital information on secure servers. Unfortunately, however, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your information transmitted to our website or otherwise to our servers (such as by email). Any such 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.

8 THIRD PARTY SITES

Our website may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these sites have their own privacy notices and that we do not accept any responsibility or liability for those notices. In particular, please check their privacy notices before you submit any personal data to those websites as they may not be on the same terms as ours.

9 CHANGES TO OUR PRIVACY POLICY

This policy was last updated on 25 May 2018. Any material changes we may make to our privacy policy in the future will be uploaded to our website at http://www.chemagility.com/corporate/privacy.asp. Please check back frequently to see any updates or changes to our privacy policy.

10 CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Chemagility Limited by email to support@chemagility.com

Further Information
Please contact us on +44 (0)1420 476191 (sales) or +44 (0)1420 83032 (general).
Lines open: GMT 8.30am - 6.00pm Monday to Friday.