Privacy Policy

PRIVACY NOTICE FOR WEBSITES – GDPR-COMPLIANT WEB VISITORS

This privacy policy explains how personal data is collected and used when you engage with our website. It also explains how we process any data that you supply to us on this website.

Eticom Ltd (“Eticom) is the Data Controller for any personal data that you supply to us when you engage with us via our website.  Eticom is part of the Eticom Group of Companies.

  • What personal data do we collect?

The personal data collected depends on how you use our website. You can browse the site, you can fill in forms on the website to request information or quotes from us, download documents from us, or you can subscribe to our emails, and other activities. Our website collects personal data to provide these services.

  • What we do with your personal data?

When you visit our website, a record of your visit is made. This data includes your device’s IP address. That data is used completely anonymously, in order to determine the number of people who visit our website and the most frequently used sections of the site. This enables us to continually update and refine the site. If you use any forms on the website to send an email to us, a record will also be made of your name, company name, postal address, email address and your telephone number and any other information you provide.

The following table sets out how we handle your personal data and our legal basis for doing so under GDPR and the Data Protection Act 2018.

What we do Our legal basis under GDPR
Use the personal data that you provide on our web forms and questionnaires Article 6(1)(b) – when you provide us with your personal data, for instance to obtain a quote for our services, this is a necessary step to take at the request of the data subject prior to entering into a contract
Contact you regarding the services we provide Article 6(1)(f) – we need to contact you for our legitimate interests so that we can gather more information for the provision of our services, or to deliver those services most effectively
Retain your data under our data retention policy Article 6(1)(f) – we need to retain your personal data for only as long as necessary under the law to protect our legitimate interests
Obtain analytical website usage and data on the devices used by our website visitors Article 6(1)(f) – analytical data is obtained by cookies. This data is used to monitor the performance of our website, to improve the website and the services that we offer on our website. This processing is necessary for the purposes of our legitimate interests.

The following table sets out the categories of personal data that we obtain.

Personal Data Explanation
Filling in forms on the website – examples include name, company name, email address, job title, telephone number, postcode This data is provided by you on our web forms and questionnaires, either to obtain a quote from us, subscribe to one of our newsletters or marketing communications, request a service from us or as part of the provision of your existing contractual services.
Location data, IP address online identifier, website analytics This data is captured via cookies that are placed on your device, which capture information about the device you are using, cookie identifiers, advertising IDs, and other information. To block cookies, you can manually delete them from your browser’s settings page, and you can also configure your browser to block third party cookies

If you no longer wish to receive information about our services, our communications have an unsubscribe option and often a manage your preferences link.

  • Will we share your data?

Your personal data may be shared on a confidential basis to companies within the Peninsula Group, in the UK. It may also be provided to third parties, such as law enforcement, regulatory authorities or where we are legally obliged to share the information.

Where we use data processors who are third parties, we have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period that we instruct.

  • How long we keep your personal data

Personal data is retained in line with our data retention policy. The Group keeps most data for 7 years, which covers the 6 years by law in which we have to keep certain information for a minimum of 6 years plus the current year. Personal data that is no longer necessary to be kept under the Group’s data retention policy will be deleted. Under the Group’s data retention policy, there are certain exemptions in relation to financial data and health data. A copy of the Group’s data retention policy can be made available upon request.

  • Your Rights

You have the following rights in relation to personal data held on you by the Group:

  • The right to be informed about how personal data is used (this notice)
  • The right to access a copy of personal data that the Group holds about you
  • The right to rectification of any errors in personal data held by the Group
  • The right to erasure of any personal data
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • Rights in relation to automated decision making including profiling

If you wish to learn more about these rights and how they operate, please look at the ICO’s website https://ico.org.uk/your-data-matters/.

The Group does not operate any automated decision-making systems.

  • Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. For further information visit www.aboutcookies.org or www.allaboutcookies.org.

The Cookies we use are:

  • Google Analytics
  • Bing
  • Livechat
  • LinkedIn
  • Twitter
  • Facebook
  • YouTube
  • Turn
  • Marketo
  • Google Tag Manager
  • Hotjar
  • Google Optimizely
  • VWO
  • Unbounce
  • Ruler
  • Google call tracking

You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

  • Other websites

Our website may contain links to other sites. This privacy policy only applies to this website so when you link to other websites you should read their own privacy policy.

Terms and Conditions of Sales, Service and Maintenance

GENERAL TERMS AND CONDITIONS OF SALE

1. Application and entire agreement
(a) These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Eticom Limited a company registered in England and Wales under number 07977817 whose registered office is at D2 Brooke Court, Lower Meadow Road, Handforth, Cheshire SK9 3ND (we or us).
(b) These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
(c) These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2. Interpretation
(a) A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
(b) The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
(c) Words imparting the singular number include the plural and vice-versa.

3. Goods
(a) The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
(b) We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

4. Price
(a) The price (Price) of the Goods and services is set out in our quotation current at the date of your order or such other price as we may agree in writing.
(b) If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
(c) Any increase in the Price under the clause above will only take place after we have told you about it.
(d) You may be entitled to discounts. Any and all discounts will be at our discretion.
(e) The Price is exclusive of fees for packaging and transportation / delivery.
(f) The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

5. Cancellation and alteration
(a) Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
(b) The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 28 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
(c) Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

6. Payment
(a) We will invoice you for the Quoted Price as follows:
i. Bespoke systems will be charged 50% of the quoted price, up front to cover the cost of materials and labour to build the systems or at any time after delivery of the
Goods; or
ii. Where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them; and
iii. The balance of the invoice is payable as follows:
a. 30% upon delivery of materials to site
b. 20% upon commissioning and training being completed.
(b) You must pay the Price within 10 days of the date of our invoice or otherwise according to any credit terms agreed between us.
(c) You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.
(d) If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
(e) Time for payment will be of the essence of the Contract between us and you.
(f) All payments must be made in British Pounds unless otherwise agreed in writing between us.
(g) Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

7. Delivery
(a) We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
(b) If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
(c) Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
(d) If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
i. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
ii. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
iii. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
(e) If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
(f) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
(g) We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.

8. Inspection and Acceptance of Goods
(a) You must inspect the Goods on delivery or collection.
(b) If you identify any damages or shortages, you must inform us in writing within 2 days of delivery, providing details.
(c) Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
(d) Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
(e) We will be under no liability or further obligation in relation to the Goods if:
i. if you fail to provide notice as set above; and/or
ii. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
iii. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
iv. the defect arises from normal wear and tear of the Goods; and/or
v. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
(f) You bear the risk and cost of returning the Goods.
(g) Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 2 days after delivery.

9. Risk and title
(a) The risk in the Goods will pass to you on completion of delivery.
(b) Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
(c) Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as
our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
(d) As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

10. Termination
(a) 43. We can terminate the sale of Goods under the Contract where:
i. you commit a material breach of your obligations under these Terms and
Conditions;
ii. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
iii. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
iv. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

11. Limitation of liability
(a) Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
(b) Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
(c) If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
(d) Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
(e) We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
i. any indirect, special or consequential loss, damage, costs, or expenses; and/or
ii. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; and/or
iii. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
iv. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
v. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
(f) The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

12. Communications
(a) All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
(b) Notices will be deemed to have been duly given:
i. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
ii. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
iii. on the fifth business day following mailing, if mailed by national ordinary mail; or
iv. on the tenth business day following mailing, if mailed by airmail.
(c) All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

13. Data protection
(a) When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
(b) The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
(c) For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
(d) The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data
for its own or for any third party’s purposes.
(e) The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
(f) The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: GDPR@eticom.co.uk.

14. Circumstances beyond the control of either party
(a) Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

15. No Waiver
(a) No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

16. Severance
(a) If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

17. Law and jurisdiction
(a) This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

GDPR Compliance Statement

GDPR Compliance Statement

Eticom Limited –  GDPR Compliance Statement

1.  Commitment

We are committed to the principles inherent in the GDPR and particularly to the concepts of privacy by design, the right to be forgotten, consent and a risk-based approach. In addition, we aim to ensure:

  • transparency with regard to the use of data
  • that any processing is lawful, fair, transparent and necessary for a specific purpose
  • that data is accurate, kept up to date and removed when no longer necessary
  • that data is kept safely and securely.

2.  Staffing

Our Data Protection Officer (DPO), who works to promote awareness of the GDPR throughout the Eticom Group of companies. Our DPO oversees the Group’s commitment to best practice and inform and advise the Group and monitors compliance.

3.  Policy

Our privacy policy is available on our website and a copy has been made available to all employees and to contractors and suppliers associated with this organisation. It forms part of the induction training of all new staff and follow-up sessions will be put in place if the legislation changes or further guidance is available.

4.  Right to be forgotten

We recognise the right to erasure, also known as the right to be forgotten, laid down in the GDPR.

5.  Subject access requests

We recognise that individuals have the right to access their personal data and supplementary information and will comply with the one-month timeframe for responses set down in the GDPR. As a general rule, a copy of the requested information will be provided free of charge although we reserve the right to charge a “reasonable fee” when a request is manifestly unfounded or excessive, particularly if it is repetitive. If this proves necessary, the data subject will be informed of their right to contest our decision with the supervisory authority (the Information Commissioner’s Office (ICO)).

As set out in the GDPR, any fee will be notified in advance and will be based on the administrative cost of providing the information.

6.  Privacy

We will implement data protection “by design and by default”, as required by the GDPR. Safeguards will be built into products and services from the earliest stage of development and privacy-friendly default settings will be the norm. The privacy notice, which is on our website and which is provided to anyone from whom we collect data, explains our lawful basis for processing the data and gives the data retention periods. It makes clear that individuals have a right to complain to the ICO. We have conducted a privacy impact assessment (PIA) to ensure that privacy risks have been properly considered and addressed.

7.  Privacy Information Notices

  • The privacy information notices for website visitors can be accessed here.
  • The privacy information notices for existing and former clients can be accessed here.
  • The privacy information notices for Eticom’s employees can be accessed here.
  • The GDPR compliance statement can be accessed here.
  • The privacy information notices for Eticom’s customers and suppliers can be accessed here.

8.  Data transfers outside the EU

We have put recognised procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of any personal data that is transferred to countries outside the EU. Diligence checks are carried out to ensure that such countries have the necessary safeguards in place, provide enforceable data subject rights and offer effective legal remedies for data subjects where applicable.

9.  Children

The GDPR provides for special protection for children’s personal data and we will comply with the requirement to obtain parental or guardian consent for any data processing activity involving anyone under the age of 16. Systems have been introduced to verify individuals’ ages.

10.  Data loss

If a data breach occurs that is likely to result in a risk to the rights and freedoms of individuals, the people affected will be informed as soon as possible and the ICO will be notified within 72 hours.