Privacy Notice
1. Who we are and what we do
We are Toolstream Limited (“[Toolstream]”, “us”, “we”, “our”). We are a limited company registered in England and Wales under registration number 04281144 and we have our registered office at Boundary Way, Lufton Trading Estate, Yeovil, Somerset, BA22 8HZ. United Kingdom. We are registered with the UK supervisory authority, Information Commissioner’s Office (“ICO”) in relation to our processing of Personal Data under registration number Z6997184.
We are also a limited company, registered in The Netherlands under registration number 741960065 and we have our registered offices at Hogeweg 39, 5301 LJ Zaltbommel, The Netherlands
We are in the business of supplying power tools, hand tools and workwear to the largest retailers in the world and the most successful independent outlets in the UK. We and our affiliates, subsidiaries and related entities are committed to protecting the privacy and security of the Personal Data we process about you.
Unless we notify you otherwise, we are the controller of the Personal Data we process about you. This means that we decide what Personal Data to collect and how to process it.
2. Purpose of this privacy notice
The purpose of this privacy notice is to explain what Personal Data we collect about you and how we process it. This privacy notice also explains your rights, so please read it carefully. If you have any questions, you can contact us using the information provided below under the ‘How to contact us’ section.
3. Who this privacy notice applies to
This privacy notice applies to you if:
1. You visit any of our websites and social media pages.
2. You purchase goods or services from us.
3. You enquire about our products and/or services.
4. You register a product for warranty or guarantee.
5. Submit a product review.
6. You sign up to receive newsletters and/or other promotional communications from us.
7. You take part in a competition or prize draw.
4. About Personal Data
‘Personal Data’ means any information from which someone can be identified either directly or indirectly. For example, you can be identified by your name or an online identifier.
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.
5. Personal Data Collected
The type of Personal Data we collect about you will depend on our relationship with you. For the type of Personal Data we collect see the table below in the section entitled ‘Purposes and lawful bases and data type'.
6. How we collect your Personal Data
We collect most of the Personal Data directly from you in person, by telephone, text or email and via our website.
However, we may also collect your Personal Data from third parties such as:
- Reputable companies who provide lead generation contact lists
- Others to whom you have provided consent
- Publicly available sources such as social media platforms.
7. Purposes, lawful bases and data type
We will only use your Personal Data when the law allows. Most commonly, we will use your Personal Data in the circumstances listed below:
Data Types:
- Identity Data
Includes first name, last name, username or similar identifier, age range and title.
- Contact Data
Includes home 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, 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.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
| To register you as a new account holder |
(a) Identity (b) Contact |
Performance of a contract with you |
|
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
|
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences |
(a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
| To record your collection of and your spending of Toolpoints. |
(a) Identity (b) Contact (c) Financial (d) Transactional |
Performance of a contract with you Necessary for our legitimate interests (to study how customers spend Toolpoints) |
Where Personal Data is processed because it is necessary for the performance of a contract to which you are a party, we will be unable to provide our services without the required information.
8. Marketing
We will provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
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, purchased goods 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.
Opting out
You can ask us to stop sending you marketing messages at any time by logging into your online account through 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 warranty/guarantee registration, or other transactions.
Third-party marketing
We will request your express opt-in consent before we share your personal data with any company outside of Toolstream Limited for marketing purposes.
9. How long we keep your data
We will retain your personal data for as long as is necessary to provide you with our services, and for a reasonable period thereafter, to enable us to meet our contractual and legal obligations and to deal with complaints and claims.
At the end of the retention period, your personal data will be securely deleted or anonymised. We may also 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. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
10. Sharing your Personal Data
We may have to share your personal data with the parties set out below for the purposes set out in the table in section 7 above.
- Other companies in the Toolstream Limited Group acting as joint controllers or processors and who are based in the United Kingdom and provide IT and system administration services and undertake leadership reporting.
- Service providers based in the United Kingdom, Europe and United States of America who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Payment providers based in Europe who provide payment facilities and associated administration services.
- Automated marketing services, based in Europe who provide marketing and postal, email and text marketing services.
- Service providers based in Europe and United States of America who provide shipping services for goods purchased from us.
- Service providers based in Europe and Japan who provide translation services.
- 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.
11. International Transfers
Some of our engaged External Third Parties are based outside the European Economic Area (EEA), therefore their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure an essentially equivalent level of protection to that guaranteed in the UK and EU.
We do this by ensuring that:
- Your Personal Data is only processed in a country which the Secretary of State or the European Commission has confirmed has an adequate level of protection (an adequacy regulation), or
- We enter into Standard Contractual Clauses (“SCCs”) with the receiving organisations and adopt supplementary measures, where necessary and include the UK Data Transfer Addendum. (A copy of the SCCs can be found here Standard Contractual Clauses (SCCs)) (A copy of the IDTA can be found here international-data-transfer-agreement.pdf (ico.org.uk))
12. Your rights and how to complain
You have certain rights in relation to the processing of your Personal Data, including to:
- Right to be informed
You have the right to know what personal data we collect about you, how we use it, for what purpose and in accordance with which lawful basis, who we share it with and how long we keep it. We use our privacy notice to explain this.
- Right of access (commonly known as a “Subject Access Request”)
You have the right to receive a copy of the Personal Data we hold about you.
- Right to rectification
You have the right to have any incomplete or inaccurate information we hold about you corrected.
- Right to erasure (commonly known as the right to be forgotten)
You have the right to ask us to delete your Personal Data.
- Right to object to processing
You have the right to object to us processing your Personal Data. If you object to us using your Personal Data for marketing purposes, we will stop sending you marketing material.
- Right to restrict processing
You have the right to restrict our use of your Personal Data.
- Right to portability
You have the right to ask us to transfer your Personal Data to another party.
- Automated decision-making.
You have the right not to be subject to a decision based solely on automated processing which will significantly affect you. We do not use automated decision-making.
- Right to withdraw consent
If you have provided your consent for us to process your Personal Data for a specific purpose, you have the right to withdraw your consent at any time. If you do withdraw your consent, we will no longer process your information for the purpose(s) you originally agreed to, unless we are permitted by law to do so.
- Right to lodge a complaint
You have the right to lodge a complaint with the relevant supervisory authority, if you are concerned about the way in which we are handling your Personal Data. The supervisory authority in the UK is the Information Commissioner’s Office who can be contacted online at:
Or by telephone on 0303 123 1113
For supervisory authorities in other countries within the EU see the link below:
https://edpb.europa.eu/about-edpb/about-edpb/members_en
How to exercise your rights
You will not usually need to pay a fee to exercise any of the above rights. However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
If you wish to exercise your rights, you may contact us using the details set out below within the section called ‘How to contact us and our Data Protection Officer’. We may need to request specific information from you to confirm your identity before we can process your request. Once in receipt of this, we will process your request without undue delay and within one month. In some cases, such as with complex requests, it may take us longer than this and, if so, we will keep you updated.
13. Children’s Privacy
We do not offer our products and services to children and we do not knowingly collect Personal Data of children without parental consent, unless permitted by law. If you are a child, you must have your parent’s permission to use our services. If you learn that a child has provided us with their Personal Data without parental consent, you may contact us, as described below, and if appropriate, we will securely and permanently delete it, in accordance with applicable law.
14. How to contact us and our Data Protection Officer
If you wish to contact us in relation to this privacy notice or if you wish to exercise any of your rights outlined above, please contact us as follows:
Toolstream Limited
Boundary Way
Lufton Trading Estate
Yeovil
Somerset
BA22 8HZ
We have also appointed a Data Protection Officer (“DPO”). Our DPO is Evalian Limited and can be contacted as follows:
Evalian Limited
West Lodge
Leylands Business Park
Colden Common
Hampshire
SO21 1TH
United Kingdom
Phone: +44 (0)333 050 0111
Website: www.evalian.co.uk
Please mark your communications FAO the ‘Data Protection Officer’.
15. Our EU Representative
We are based outside the European Union (EU) and under the EU General Data Protection Regulation (EU GDPR), we are required to appoint an EU representative. The purpose of an EU representative is to make it easy for people in the EU to contact us should they wish to exercise their rights or make a complaint or enquiry in relation to how we are processing their Personal Data. It is also a contact point for the supervisory authorities located in the EU.
Our EU representative is DataRep who can be contacted as follows:
DataRep
Cuserstraat 93,
Floor 2 and 3,
Amsterdam,
1081 CN, Netherlands
Email: toolstream@datarep.com
Website: www.datarep.com/toolstream
PLEASE NOTE: when using the postal address it is ESSENTIAL that you mark your letters for ‘DataRep’ (EU Subjects), or your inquiry may not reach DataRep.
16. Changes to this privacy notice
We may update this notice (and any supplemental privacy notice), from time to time as shown below. We will notify of the changes where required by applicable law to do so.
Last modified 14/09/2023
You can find previous versions of this notice here; https://www.toolstream.com/globalassets/_toolstreamdotcom/help-and-services/policies/uk/privacy_policy-uk.pdf