Reviewed and updated: 06.12.22
Nicholls & Clarke Limited (Registered in England & Wales Company No: 66664)
N & C Building Products Limited (Registered in England & Wales Company No: 140)
Nicholls & Clarke Glass Limited (Registered in England & Wales Company No: 339277)
Moderna Contracts Limited (Registered in England & Wales Company No: 1478065)
(together, “Nicholls & Clarke”)
41-51 Freshwater Road
The companies named above form the Nicholls & Clarke Group. The privacy notice covers all group companies.
Nicholls & Clarke are committed to protecting your privacy and information security. Please read this Privacy Notice carefully so that you are aware of the steps we take to protect your personal data , what information we collect, how we use it now or may use it in the future and what your rights are.
Controllers of Information
Any personal information provided to or gathered by us is controlled by Nicholls & Clarke Limited or one of its subsidiaries. Nicholls & Clarke is not required to appoint a Data Protection Officer. If you need to ask us about your personal data please contact us by sending an email to GDPRSubjectaccess@nichollsandclarke.com or by writing to us at 41-51 Freshwater Road, Chadwell Heath, Romford, RM8 1SP, with the letter marked as ‘SUBJECT ACCESS REQUEST or ‘DATA PROTECTION’.
We aim to process information about you fairly and in a transparent manner and the aim of this document is to provide you with sufficient information for you to be able to understand what we are doing with your data. If you are unsure how we are handling information about you or you think we could improve our privacy information please let us know.
We may collect, use store and transfer different categories of your personal data 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.
- Contact Data includes [billing 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 our website.
- Profile Data includes 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.
What information do we collect? How do we use it?
We may collect personal data from you, or from a third party or public source, for example information from a trade magazine
When you become a customer or supplier, register with us to receive marketing material or register on our websites we may collect, derive, combine, access, or otherwise process your personal information for the following purposes:
- Customer Details are held to permit the performance of sales contracts
- Supplier details are held to order supplies and to make payments to them
- Marketing details are held to send marketing information and trade offers
- To contact you in the course of our normal business activities
- The monitoring of customer traffic patterns and website usage to help us to develop the design and layout of the website;
- Allowing you to logon to our website or application using social media, such as Facebook or Google+;
Legal basis for processing your data
We undertake the activities above for the pursuit of our legitimate interests as a commercial organisation and to fulfil any contractual obligations we may have when you make purchases from us or you supply us with goods. Our legitimate interests are to fulfil our business objectives and to deliver a high standard of service to our customers. Where providing your personal data is required in order to enter into a contract us, we will not be able to provide you with goods or services unless we receive your personal data. We may also process your data on the basis of your consent when you have provided this in a way that will be valid under applicable laws, for example where you have ticked a box in a form on our website.
What we do with the information that we collect?
We will never use your information in a way incompatible with this privacy notice. This will include amongst others that:
We will not put any information about you on general release nor will we sell such information;
We will not transfer personal data outside of the European Economic Area.
How long do we keep your personal data?
We will not keep your personal data for a period that is longer than is necessary for the purpose for which we collected it. Once this purpose has been fulfilled and the personal information is no longer required to comply with UK laws, we will anonymise your data by removing any identifiable information or erase it in accordance with our data retention policy.
We only send direct marketing emails to ‘individual subscribers’ when that individual has given their consent through a clear opt-in process. Individual subscribers are individuals using personal email addresses, or individuals using business email addresses as either a sole trader or a non-limited liability partnership.
We may supply offers and carry out other direct marketing activities to ‘corporate subscribers’ where we have determined that it is necessary for the purposes of a legitimate interest pursued by us. We have carried out a legitimate interest assessment (LIA) for all personal data that is processed on the basis of legitimate interests in order to ensure that our legitimate interests are not overridden by the fundamental rights and freedoms of the individual. Corporate subscribers are individuals using a corporate or business email address such as ‘email@example.com’ (except for sole traders and non-limited liability partnerships) .
We do not carry out any direct marketing using SMS.
We may carry out direct marketing through other channels such as phone or mail. All such marketing activities are carried out strictly in accordance with applicable laws.
You have the right to opt out of receiving marketing communications at any time by emailing us at firstname.lastname@example.org.
You have the right to withdraw your consent to our processing of your personal data at any time, where such processing is based on your consent, without affecting the lawfulness of our processing based on your consent prior to such withdrawal. To withdraw your consent, please email us at email@example.com.
Automated decision making and profiling
We do not currently use Personal Data for the purposes of automated decision-making or Profiling. Nicholls & Clarke will carry out a Privacy Impact Assessment before using any personal data in this way.
Children below the age of 18
We do not knowingly enter into contracts with children below the age of 18.
Whom do we share your data with and for what purpose?
To optimise our services, and to provide you with the best user experience, we may share your personal information between our different group companies. Sharing of your personal information will only occur when this would be allowed given the purpose your personal information was initially collected for.
In addition, we may have to share your personal data with the parties set out below for the purposes that are identified in this policy.
- External Third Parties: third party service providers; third party suppliers so that customers can benefit from warranties; professional advisors acting as processors or joint controllers; HMRC, regulators and other authorities; [any others].
- 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. Third party suppliers will only use your personal data to comply with product warranties and safety issues.
We collect personal information for specific purposes and on specific legal bases and endeavour to collect only the personal information required for those purposes.
We use the following types of cookie to operate our website:
- Cookies necessary for the optimal functionality of our website; and
- Analytical cookies to monitor the use and performance of our website.
You have a right to information about how we are processing information about you and we have an obligation to processes only a minimum of data for specific, explicit and legitimate purposes in a fair, lawful and transparent manner. This privacy notice fulfils our obligations to provide you with information but you should contact us directly if you have any questions or concerns.
Your other rights in relation to your personal data are summarised below. If you wish to exercise any of these rights, please email GDPRSubjectaccess@nichollsandclarke.com and provide as much detail as possible. We will review any requests from you in accordance with applicable laws.
Right to access your personal data
You have the right to request at reasonable intervals access to the personal information we have collected about you. For complying with your subject access request, we may ask you to provide us with additional information..
Right to delete data
You have the right to request that we erase all of some of your personal data.
Right to correct data
You have the right to ask us to correct any data that we hold that is incorrect or out of data.
Right to object to our use of your data
You have the right to object to our processing of your personal data where the basis of the processing is our legitimate interests including but not limited to direct marketing. Please see above to determine which processing activities are carried out on the basis of our legitimate interests. This right compliments the right to withdraw consent for processing based on your consent enabling you to have control over how we use your data. You request that we no longer process all or some of your personal data.
Right to data portability
You have a right to receive any personal data that you have provided to us in order to transfer it onto another data controller where the processing is based on consent and is carried out by automated means, called a data portability request.
You have a right to lodge a complaint about any aspect of how we are handling your data with the UK Information Commissioner who can be contacted here.
We endeavour to take all reasonable steps to protect your personal data including the use of encryption technology, but cannot guarantee the security of any data you disclose to us. You accept the inherent security implications of sending information over the Internet and will not hold us responsible for any breach of security unless we have been negligent.
Applicable data protection law
This privacy notice meets the requirements of the General Data Protection Regulation (GDPR) and applicable UK laws. If you are subject to more stringent data protection legislation please refrain from using this website or any of our other services.
Changes to this notice
We will regularly review and update this privacy notice. If we decide to change our privacy notice, we will post those changes on this page. We therefore recommend you re-visit this page periodically to check for changes.