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Privacy Policy

Privacy Policy

Data privacy

Any information provided will be used and protected in accordance with current data protection legislation and any subsequent legislation as appropriate.

Our ICO registration numbers:

  • Listers Group Limited: Z5872022
  • Falcon of Hull and Lincolnshire Limited: Z6900877

 

Privacy notice

Use of your personal information

  • Listers Group respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
  • We keep our data privacy notice under regular review. Historic versions can be obtained by contacting the Data Management Team (see below).

Who are we?

  • Listers Group is made up of two legal entities and trade as the businesses listed below. Listers Group Ltd is the data controller (address below) and is engaged in the sales, service and repair of motor vehicles.
  • Data Protection is the responsibility of the Data Management Team. The contact details for which are:

    Data Management Team
    Listers Group Ltd
    Othello House
    Business & Technology Park
    Banbury Road
    Stratford-upon-Avon
    CV37 7GY

or digitally via: listers.co.uk/update-our-records

What personal information do we collect and how?

  • Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
  • Names, addresses, telephone numbers, email addresses, vehicle details and, for finance and insurance agreements, date of birth, driving licence, financial information and employment information. For reasons of identification and security we may also need to take a copy of your passport.
    • Employees / Job applicants: Names, addresses, telephone numbers, email addresses, date of birth, next of kin, bank details, National Insurance number, proof of right to work in the UK, employment history, medical information relating to role, proof of identification, proof of license to driver motor vehicles, notification of criminal convictions. Should further information be required we will need specific consent from the individual concerned before the information is supplied to us.
  • At special events, organised by us or on our behalf, notices will, if relevant be posted advising that filming and photography is in progress. If you do not wish to participate you may advise the hosts and they will oblige. Staying ‘in shot’ is considered consent.
  • The personal data you provide to us directly, and any response we give, may be done so face-to-face, by telephone, email/social media, SMS/text, post or online/live chat.
  • Data may also have been passed to us via a vehicle manufacturer/importer, finance provider, Motability Scheme or other third-party to which you have provided personal data and requested a response.
  • Some telephone calls are recorded.
  • CCTV is in use on our property.
  • Except as set out below, 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).

Why do we need this information and under what legal basis do we process it?

  • 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, have entered into with you or are intending to enter into;
    • Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; or
    • Where we need to comply with a legal obligation.
    • Generally, we do not rely on consent as a legal basis for processing your personal data although we will ask for your consent before sending direct marketing communications unrelated to your initial enquiry and where you did not contract with us. You have the right to withdraw consent to marketing by any method at any time by contacting us.
    • More particularly, we will process your personal data in the following scenarios:
      • Verifying the accuracy of the data we hold.
      • Identification and prevention of fraud.
      • Recovery of debts. This may include special category personal data.
      • Enhancement or modification or otherwise improvement of our services.
      • Improvement in the safety and security of our customers, employees and third-parties for whom we have a duty of care.
      • Bringing or defending of legal claims. This may include special category personal data.
      • Responding to enquiries and requests.
      • Service and MOT schedules, workshop events, product recalls, warranty, surveys, competitions, promotions, referrals, special events, product launches, accessories, sales ownership schedules and buying patterns, or relating to vehicle safety or specification standards; for any of which direct marketing may be undertaken.
      • By making an application for credit you give permission to share your personal information with one or more lenders for the purpose of applying for credit on your behalf. The applications may be consecutive and will only take place if suitable terms cannot be achieved from previous applications.
        In applying you confirm that:
        • The information supplied on the credit proposal is true and correct. You agree that in the event that any false information has been given or an untrue statement made which the finance company relied on, they have the right to terminate the agreement.
        • You authorise the lenders to make a credit search with one or more credit reference agencies, which will be recorded by those agencies. (Any lender may carry out more than one search).
        • You are aware that credit scoring may have been used in the decision making process.
        • You agree that the lenders can, at any time, disclose details about the application, agreement and the conduct of the account to a licensed credit agency or introducing Dealer/Broker for the purposes of:
          • Fraud
          • Crime prevention
          • Tracing customers
          • any other legitimate purpose
        • You acknowledge that the lenders may refuse to enter into an agreement without stating a reason.
      • Specific communications for safety related recalls which may be processed by us on behalf of the manufacturer. In these circumstances we may ignore specific contact preferences if the recall is deemed to be in the vital interests of the vehicle owner/driver.
  • Any ongoing communications beyond an enquiry are based on there being a relationship between you and Listers Group Ltd and that you would expect to be contacted to maintain the services stated.
    • You have the right to choose to remove a contact preference at any point. Choosing to object or restrict how we may process the data or failing to provide the information we need may impact on our ability to provide the services detailed. We will action amendments and deletions as quickly as possible but it may take up to 28 days to be reflected in all our systems.
    • We consider the ongoing communications for certain business purposes to include a duty of care as our failure to notify you of important information or events leading to the subsequent missing of those events may lead to, for example:
      • the manufacturer warranty being invalidated.
      • vehicle safety being compromised.
      • the vehicle not being legally permitted to be driven.
      • additional or excess charges being recognised.
      • finance agreement residual values being recognised.
      • removal of the vehicle from your possession due to the expiration of the finance agreement.
    • We consider the ongoing communication necessary to maintain the relationship we have with you and promote our business and services in line with estimated ownership patterns.
    • You may request alternative contact preferences for any data we send to vehicle manufacturer/importers without impacting the relationship between yourself and Listers Group Ltd.
  • Employees / Job applicants: The data is held for contract and/or contact purposes and to comply with our legal obligations to provide information about employment, pay, pension and benefits. Failure to provide this information or providing information that is found to be inaccurate or incomplete may impact on our ability to offer or provide ongoing employment. For employment applications some data processing, using psychometric tests may be automated as part of the administration decision making process; the results are not published but will be used as part of the recruitment process.
  • Further information:
    • Recorded telephone calls are held for quality and training purposes.
    • CCTV images are held for the purpose of crime prevention and/or detection.
    • You may be offered the opportunity to have images of your vehicle handover posted to one of our social media outlets. Any images posted may be shared within the Listers Group but may be removed on request.
    • By signing any order form relating to VAT-free vehicle sales you are giving consent to process personal data that may be classed as Special Category of Personal Data in order to fulfil a contract. Should you not wish for Listers to process this category of data, please do not sign the order form.

How long do we keep the data?

  • We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
  • Personal data collected as part of a vehicle sales enquiry which did not result in a purchase from Listers, and where no contact preferences are recorded is removed 180 days from when the data was collected, unless you request to defer the enquiry by stating a future contact date.
  • Personal data collected that includes contact preferences is kept for as long as there is ongoing communication or when the right to remove, restrict, object has been actioned. In the absence of ongoing communication the personal data will be removed after 24 months of inactivity from when the contact preferences were collected.
  • CCTV images are held for 30 days.
  • Job applicants: Contact and application details from applications that are unsuccessful are held for 24 months for purpose of consideration in other roles. 1 month prior to deletion a communication will be sent asking if you wish for the information to kept for a further 24 months. The information held can be removed at any time if requested by the applicant.

With whom do we share your data?

  • We will share your personal data with:
    • the vehicle manufacturer/importer, as a data controller, as part of our franchise agreement.
    • Finance and insurance providers (where relevant) as a data controller.
    • Third parties as data processors where we maintain control of the information’s use.
    • Third parties as data processors where data is transferred to them on a project basis and they operate as per our instructions.
  • Employees / Job applicants: We will pass your personal data to UK government departments in relation to the collection of taxes, National Insurance, and the payments of relevant government Benefits. Information may also be passed to nominated Listers partners for the provision of pensions, employment services and company benefits.
  • No information is passed to any organisations that are not contractually engaged with Listers Group operations except to agencies for the matter of legal obligation, legal defence or enforcement, payment of any fines, duties, tolls, congestion charges or other sums which become payable related to your use of vehicles registered to the Listers Group.
  • We will disclose your personal data to third parties with whom we choose to sell, transfer or merge part of our business or our assets. If such a change happens to our business, the new owners may use your personal data in the way set out in this privacy policy. We do not sell data under any other circumstances.
  • Organisations to which we pass data that are outside of the European Economic Area are required to apply the same level of data protection as required by UK legislation. In addition to this, any data processed in the United States of America is done so by organisations registered with the EU-US Privacy Shield.

How do we secure and protect your personal data?

  • We use appropriate technical and organisational measures to protect all data for which we are responsible against theft, destruction, damage, loss, manipulation or unauthorised access.
  • We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
  • We are certified Cyber Essentials +.

Your Legal Rights

  • Under certain circumstances, you have rights under data protection laws in relation to your personal data. 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:
      • If you want us to establish the data’s accuracy;
      • Where our use of the data is unlawful but you do not want us to erase it;
      • 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;
      • 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. We are unable to make any guarantees about the third party’s system’s compatibility with the data we provide.
    • 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.
  • If you wish to exercise any of the rights set out above, please contact our Data Management Team using the contact details above.
  • 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 could 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 could 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.
  • 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. The address to contact them is: Casework Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
  • It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Company Information

Company Information

Registered Name: Listers Group Ltd

Company Registered Number: 1400698

Place of Registration: England and Wales

Registered Office Address: Othello House, Stratford-upon-Avon Business and Technology Park, Banbury Road, Stratford-upon-Avon, Warwickshire, CV37 7GY

VAT Number: GB 545037063

Email Address: bmwboston.reception@listers.co.uk 

FCA Status Disclosure: 

Authorised and regulated by the Financial conduct authority.

Complaints Procedure

Complaints Procedure

BMW (UK) Limited (BMW) is committed to providing products and service of the highest standard. But we do understand that sometimes things can go wrong. If you have a concern or are dissatisfied in any way, we’ll do our best to help resolve the situation in a fair and transparent way.

BMW will investigate all complaints competently, diligently and impartially obtaining additional information as necessary. Every complaint will be assessed fairly, consistently and promptly taking into account all relevant factors to ensure a fair outcome for you.

Step 1

Discussion with your BMW Centre.

If you have a concern with either your vehicle or the service you have received at your BMW Centre, please firstly raise this with the Service Manager or Head of Business at the BMW Centre itself. They are best placed to address your concerns and if required, will contact us directly on your behalf.

 

Step 2

Contacting us.

Should you remain unhappy with your BMW Centre’s response, please contact us by your preferred method from the list below.

Customer Service
BMW (UK) Limited
Summit ONE
Summit Avenue
Farnborough
Hampshire GU14 0FB

Telephone:

0370 5050 160

Email:

customer.service@bmw.co.uk

We’re here:
9am - 6pm Monday to Friday

What you will need to provide.

To help us investigate and try to resolve your complaint, please provide us with the following information:

  • your name and address;
  • details of how we can contact you;
  • a clear description of your complaint;
  • details of what you would like us to do to rectify the situation; and
  • if appropriate, copies of any relevant supporting documentation.

Our commitment to you.

  • We’ll thoroughly investigate your complaint and offer a fair response that will take into account all the information available to us
  • We will do our best to resolve your complaint quickly, by the end of the next business day if possible. If this is not possible, and your complaint relates to our credit broking, we will:
    • within 5 working days, provide a written acknowledgement of your complaint and give you the details of who is handling the case and how to contact them
    • keep you updated on the progress of your complaint, and
    • within 8 weeks of receiving your complaint, we will either: write to you with our final response and the reasons for providing this response, or explain why we are not in a position to give you a final response and let you know when we expect to be able to provide it.
  • In some cases we’ll need to contact your BMW Centre for more information. If appropriate, we may refer the complaint directly to them for information or action
  • We may not always provide the answer you are looking for, but we’ll make sure we offer a clear explanation for our decision

 

Financial Services

If your complaint relates to a finance agreement with BMW Financial Services, please click below for details on BMW Financial Services’ complaint handling procedure.

Find out more

 

Step 3

What if I remain unhappy with your response?

If you are dissatisfied with either our final response, or the reasons for any delay in providing our final response you may be able to ask the Financial Ombudsman Service for an independent review.

To be able to ask them for an independent review your complaint must be in relation to our credit broking activities that is to say any marketing material or recommendations we make in relation to any finance offers from BMW Financial Services (GB) Limited and you must have given us the opportunity to find a resolution first. You must also be a private individual, or a business, charity or trust with an annual turnover of less than 2 million euros and fewer than 10 employees.

If you wish to pursue your complaint to the Financial Ombudsman Service you must do so within 6 months from the date on which we send you our final response letter. The Financial Ombudsman’s details are:

The Financial Ombudsman Service
Exchange Tower
London
E14 9SR

Telephone:

0300 123 9 123

Email:

complaint.info@financial-ombudsman.org.uk

Website:

www.financial-ombudsman.org.uk

You may also raise a complaint with any of the trade bodies listed below.

 

Motor Codes

Motor Codes is a government-backed, self-regulatory body for the motor industry. BMW subscribes to the New Car Code, which covers the sale of new cars, warranties, the availability of replacement parts, and advertising and complaint handling. In addition, our BMW Centres subscribe to the Service and Repair Code which commits them to open, transparent and fair methods of business aiming to maintain consistently high standards.

Telephone:

0207 3441 651

Email:

consumer@motorcodes.co.uk

Website:

www.motorcodes.co.uk

 

BVRLA conciliation

BMW is a member of the British Vehicle Rental and Leasing Association (the BVRLA). If you are not happy with our final response and would like to refer your complaint to the BVRLA’s conciliation scheme, you may email them at:

complaint@bvrla.co.uk

or write to them at:

BVRLA
River Lodge
Badminton Court
Amersham
HP7 0DD

 

The European Commission’s Online Dispute Resolution Service

European legislation guarantees consumers:

  • fair treatment;
  • products which meet acceptable standards;
  • a right of redress if something goes wrong.

To help ensure that companies meet the standards set by the European Parliament, consumers now have the right to address their complaint to the European Commission’s Online Dispute Resolution (ODR) Service. For full details please go to:

http://ec.europa.eu/consumers/odr/