Welcome to the Phelon & Moore Privacy Policy. Here at Phelon & Moore we take your privacy very seriously and are committed to protecting your personal information.

Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal information including our websites and applications including, our Phelon & Moore mobile application (“App”). It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.

We keep this privacy policy under regular review and where changes are made we will inform you via our website and/or via email.

This Privacy Policy was published on 15th October 2024.

WHO WE ARE
This policy is for and on behalf of PHELON & MOORE GROUP LIMITED located at 125 Wood Street, London, England EC2V 7 AW, United Kingdom. (“We”). We are registered in England and Wales under company number 13599679, and its Affiliates (together known as the ‘Phelon & Moore Group’).

For the purpose of this policy; (a) “Affiliate” shall mean any entity that directly Controls, is Controlled by, or is under common Control with Phelon & Moore Motorcycles Group Limited, and (b) “Control” shall mean the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company, and “Controls” and “Controlled” shall be interpreted accordingly.

Phelon & Moore Group Limited is the controller responsible for our websites and our apps and for processing your personal data for the purposes set out in this privacy policy.

From time to time, the relevant Phelon & Moore Group company local to you may also be a controller responsible for your personal data for the purposes set out in this privacy policy.

All references in this policy to Phelon & Moore, Phelon & Moore Motors, Phelon & Moore Group Limited, “we”, “us” or our” and/or to the company (as relevant) shall include Phelon & Moore Group Limited and its Affiliates (as defined above), as relevant.

CONTACT DETAILS
If you have any questions about this privacy policy or our privacy practices, please contact our Legal and Compliance team using the following methods:

Postal Address: Legal and Compliance Team, 125 Wood Street, London, England EC2V 7 Email Address: privacy@phelonanadmoore.com

THE DATA WE COLLECT ABOUT YOU
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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data: First name, maiden name, last name, username or similar identifier, date of birth and gender
• Contact Data: Billing address, delivery address, email address and telephone numbers
• Financial Data: Bank account and payment card details
• Transaction Data: details about payments to and from you and other details of products and services you may have purchased from us
• Technical Data: 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: username, purchases or orders made by you, your interests, preferences, number of years riding, vehicle identification details (including VIN number), information about your motorcycle such as VIN number, motorcycle make and model, fuel consumption, engine details, range to empty, mileage and next service date, feedback and survey responses
• Usage Data: information about how you use our website, products and services
• Marketing and Communications Data: your preferences in receiving marketing from us and our thirds parties and your communication preferences.
• Public sources of data: information to support website functionality, ensure owner information is accurate with DVLA and to support authentication and/or fraud checks
• Location data: information about your current location your planned, saved and undertaken journeys including map of the journey, time taken, miles covered.

We also collect use and share Aggregated data such as statistical or demographic data for any purpose. Aggregate data could be derived from your personal data but is not considered personal data in law as this data will 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 policy.

As a customer of Phelon & Moore we will not collect any special categories of information about you without your prior explicit consent (this include 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 bio-metricdata). Nor do we collect any information about criminal convictions and offences.

HOW WE RECEIVE THIS INFORMATION
We use different methods to collect data from and about you including through:

• Direct Interactions with Phelon & Moore: You may give us your identity, contact and financial data by filling in forms online, by post, on the phone, by registering to use our apps or at our events or factory visitor experience. This includes personal information you provide to us when you:
• Apply for our products or services;
• Purchase products from us using our online services;
• Otherwise contract with us;
• Subscribe to our service or publications;
• Register an account with us;
• Request marketing material to be sent to you;
• Enter a competition, promotion or survey;
• Attend one of our events and/or conferences;
• Share data with us via our websites’ or apps’ social media functions;
• Make a request, enquiry or complaint; and
• Provide us with feedback or contact us.
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Certain services available on our apps, including map services, will make use of Location Data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for our apps on your device. If you use these services, we will process your Location Data for the purposes of providing those services to you and for the purposes of improving our location-based and road traffic-based products and services, including our mapping services. You may stop us collecting such data at any time by turning off the location services settings on your device.

Where you use any of our apps to connect your mobile device to a motorcycle, via Bluetooth connectivity or otherwise, we may collect Profile Data about you and your motorcycle.

Automated Technologies or Interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns.

Each time you visit one of websites or use our App we will automatically collect personal data about your device (including the type or device, type of browser, operating system), information stored on your device and details of your use of our websites or Apps.

We collect this personal data automatically by using cookies, server logs and other similar technologies. Please see our Cookie Policy for more details.

Phelon & Moore’s Dealers or Distributors: Where you deal with one our dealers or distributors, including where you purchase Phelon & Moore products or services, make an enquiry, complaint or request or make a claim (such as a warranty claim), that dealer or distributor will pass your personal data onto us. We will then process your personal data in accordance with this privacy policy.

Other Third Parties or Publicly Available Sources: We may receive personal data about you from various third parties and public sources as set out below:

Vehicle and identity related data from independent third party sources such as the DVLA in the United Kingdom;

Advertising networks;

Analytics providers (such as Google based outside the EU);

Device data in order to carry out actions such as adapt screen size to your device;

Credit referencing agencies; and

Search information providers

Consumer Generated Sources: Any content that you create and then share with us on third party social networks or by uploading it to one of our websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content.

Third Party Social Network Information. Any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you such as where you are buying goods and services. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW WE USE YOUR PERSONAL DATA

Under applicable data protection law, we can only use your personal information if we have a proper reason for doing so (a legal basis for processing). Most commonly, Phelon & Moore will use your data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you;

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

Where we need to comply with a legal obligation; and Where you have provided your consent

For the purposes of clarity a legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely upon to do so. We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need more details about the specific legal ground we are relying upon to processes your personal data.

WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We may routinely share your personal information with the following for the purposes set out in the table above:-

Third parties who we use to help provide and deliver our products and/or services for example to offer finance, insurance, road side assistance, payment services providers, extended warranties, website services etc.;

Marketing and research agencies who carry out work based on our express instructions such as a specific marketing campaign and/or market research surveys;

Event companies who run and manage sponsored events;

IT providers who provide us systems and services for customer support;

Card Payment Services providers who operate payment platforms;

Logistics and courier companies who transport our products to you;

Website and mobile application development companies, for the purposes of providing (including developing and building), supporting and managing our websites and our App

Third party marketing companies, including email service providers.

IT hosting companies, including cloud hosting companies, who host our systems, database, website and our App.

Service providers, who provide our online services, such as Google, who provide the map tool on our App*(*Please note that your use of the map tool on our App shall be subject to the Google Privacy Policy at https://www.google.com/policies/privacy/).

Other third parties we may appoint from time to time in order for the purposes of internal business administration only for the purposes set out in the table above.

We require all of our third party processors to respect the security of your personal data and both treat and process it in accordance with the law. In doing so we will only allow third parties to process your personal data as data processors on our behalf where we are satisfied they take appropriate measures to protect your information.

Additionally we impose contractual obligations (such as a data processing agreement) on our third party processors to ensure they process and secure your data lawfully with the appropriate technical and organizational measures in place.

We may also share your personal data with:

Dealers or distributors across our network, for the purposes set out in this privacy policy (e.g. in order to provide products or services to you, for the purpose of providing an after-sales service or where you have registered your interest to purchase a product from us or our dealers);

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. 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 policy. Alternatively, we may seek to acquire other business or merge with them;

Law firms who may provide legal advice to us (e.g. where there is a customer dispute)

Tax authorities (such as HMRC in the UK) and customs authorities.

Our website links to third party payment providers who will process payments made on our website.

Your personal data may be shared with other Phelon & Moore Affiliates within the Phelon & Moore Group for the purposes set out in this privacy policy.

INTERNATIONAL TRANSFERS OF INFORMATION
It may be necessary on certain occasions to share your personal information outside of the European Economic Area (“EEA”) such as:

With our subsidiary offices located outside the EEA;

With distributors or dealers located outside the EEA;

With service providers located outside the EEA;

If you are based outside the EEA; and

Where there is an international dimension to the services we are providing to you.

Whenever we do transfer your personal data outside of the EEA, we ensure a degree of protection (as stipulated by law) is afforded to it by ensuring at least one of the following is implemented:-

We will only transfer your personal data to countries who by the European Commission have been deemed to provide an adequate level of protection for your personal data;

Where we use certain service providers located outside the EEA, we may use specific contractual clauses approved by the European Commission which give personal data the same protection it has in Europe;

Where we use providers based in the US we may transfer data to them if they are part of the Privacy Shield Framework which requires them to provide adequate protection to data transferred between Europe and the US; and

We may rely on one of the derogations for specific situations as set out in Article 49 GDPR.

If you would like further information about data transferred outside the EEA please contact the Phelon & Moore Legal and Compliance team using the details at the beginning of this notice.

WHAT WE DO TO KEEP YOUR DATA SECURE
We have appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Unfortunately the transmission of information via the internet is not always completely secure despite our reasonable efforts. Whilst we will reasonably protect your personal data, we do not guarantee the security of your data transmitted over the internet; any such transmission, including via our websites or apps, is at your own risk and when we receive your information it will be kept in a secure environment protected by a combination of physical and technical measures such as encryption technologies or authentication systems to prevent any loss, misuse, alteration, disclosure, destruction, theft or unauthorized access.

We have in place procedures to deal with any suspected personal data breach and will notify you accordingly as well as notifying any applicable regulator where we are legally required to do so.

HOW LONG DO WE USE AND KEEP YOUR PERSONAL DATA
We will only retain your personal information 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 compliant or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

YOUR RIGHTS
Under certain circumstances, you have rights under the data protection laws in connection with your personal data. These are the following:-

Right of access to your personal data;

Right to request correction of your personal data;

Right of erasure of your personal data;

Right to object to the processing of your personal data;

Right to request the restriction of processing of your personal data;

Right to request transfer of your personal data (data portability); and

Right to object to the processing of your personal data.

If you wish to exercise any of the rights above please email privacy@phelonandmoore.com or write to us at Legal and Compliance Team, 25 Wood Street, London, England EC2V 7 AW, United Kingdom.

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) is actioned accordingly. 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 calendar 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.

In the event you wish to restrict the processing of your personal data for the purposes of (where applicable) email newsletters, service emails and/or general marketing you may use the ‘unsubscribe option’ at the bottom of any of our marketing communications to you. It may take seven (7) working days for your unsubscribe request to be fulfilled.

Deleting Your My Phelon & Moore App Account

You can delete your account for the My Phelon & Moore App at any time using the settings section of the application. If you delete your account your username, password, motorcycle and any riding data associated with your account will also be permanently deleted from the app and will be unrecoverable. If you wish to reinstate your account you will be required to re-register. Please note that on deletion of your account, Phelon & Moore Motorcycles will not delete any of your personal data that it needs to continue to process for the purposes for which that data was originally collected. That includes, for example sales registration data for warranty and or service call purposes. If you previously opted in to marketing communications, those preferences will remain in place and you will not be deemed to have opted out of marketing by deleting your account. If you wish to unsubscribe from further marketing communications, please update your preferences here: …

HOW TO COMPLAIN
If you are not happy and have a data protection related complaint, please contact us directly by emailing privacy@phelonandmoore.com or by writing to us at Legal and Compliance Team, 25 Wood Street, London, England EC2V 7 AW, United Kingdom.

If you remain unsatisfied with our response you have the right to lodge a complaint with a supervisory authority, in particular in the European Union state where you work, normally live or where any alleged infringement of applicable data protection law occurred. The supervisory authority in the UK is the Information Commissioners Office who may be contacted at https://ico.org.uk/concerns/ or by telephone on +44 0303 123 1113.

LINKS TO OTHER WEBSITES
Our website or apps may contain links to other websites or apps run by other organisation which we do not control. This policy does not apply to those other websites or apps and therefore we encourage you to read their privacy policies prior to using their services.

For the purposes of clarity we are not responsible for the privacy policies and practices of other websites and apps (even if you access them using links we provide) and we provide links to those websites or apps solely for your information purposes only. We specifically disclaim responsibility for their content, privacy practices and terms of use and we make no endorsements, representations or promises about their accuracy, content or thoroughness.

Please Note: This privacy policy also does not cover the Phelon & Moore Motorcycles Repair and Maintenance Information (RMI) website. The RMI website operates under its own privacy policy which we encourage you to read prior to your use.