Privacy Statement

Use of Website & Privacy Statement

Use of Website & Privacy Statement

Section A: Use of Website.

Section B: Privacy Statement.

Section A: Use of Website

1. Introduction
1.1. This page (together with the documents referred to in it) tells you the terms upon which you may make use of our website www.acclaimdriving.com (the "Website"). By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
1.2. www.acclaimdriving.com is a Website operated by Ability Driving Academy Limited in England and Wales. Ability Driving Academy Limited is incorporate and registered in England and Wales with company number 2174176 whose registered office address is at 15-17 Leicester Road, Narborough, Leicester LE19 2HL.
2. Definitions
2.1 Conditions" means these terms and conditions; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Ability Driving Academy Limited; "Website" means the website located at www.acclaimdriving.com or any subsequent URL which may replace it; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
3. Access
3.1 You are provided with access to this Website in accordance with these Conditions and orders placed by you must be placed strictly in accordance with these Conditions.
4. Registration
4.1 You warrant that
4.1.1 The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
4.1.2 You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail, or calling us on 0800 180 4240 during office hours.
4.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
5. Data Protection and privacy
5.1 Any personal details you give us will be held and processed in accordance with the provisions of our privacy policy and in compliance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6. Indemnity
6.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
8. Our rights
8.1 We reserve the right to:
8.1.1 modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
8.1.2 change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
9. Third party links
9.1 To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
10. Intellectual property and right to use
10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us or our licensors.
10.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
11. Compliance with laws
11.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
12. Limitation of liability
12.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
12.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
12.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
12.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
12.4.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
12.4.2 any loss of goodwill or reputation; or
12.4.3 any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions
12.4.4 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
13. Severance
13.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
14. Waiver
14.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. Survival
15.1 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
16. Entire agreement
16.1 These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Ability Driving Academy Limited and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
17. Law
17.1 The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
18. Contact
18.1 Ability Driving Academy Limited registered office is 15-17 Leicester Road, Narborough, Leicester LE19 2HL.

Section B: Privacy Statement

19. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
20. When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the banners you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
21. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
22. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
22.1. Processing your orders;
22.2. For statistical or survey purposes to improve this Website and its services to you;
22.3. To serve website content to you;
22.4. To administer this website;
22.5. To notify you of products or special offers that may be of interest to you.
22.6. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
23. When you enter a competition, or register for an offer, or create a shopping account while ordering online you will automatically register to receive information from acclaim by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes you may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at info@acclaimdriving.com or telephoning us on 0800 180 4240 between 9am and 5pm on working days.
24. We reserve the right to cancel all transactions and services and remove all personal data for those 16 or under unless we have received appropriate consent from a parent or guardian.
25. Your Personal Information may be disclosed to other businesses within the acclaim group and to reputable third parties for marketing initiatives.
26. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled to do so.
27. When entering any of our contests or prize draws, you will need to provide your name, email address, postal address and contact telephone number. If you win, we will notify you by email or telephone phone.
28. We use Cookies to keep track of your current session to personalise your experience - if you do not accept Cookies you will be unable to use this Website.
29. Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed as follows: Customer Service, acclaim driving, 15-17 Leicester Road, Leicester, LE19 2HL

30. What we need

In the conduct of business with you we will need to collect information about you which we will hold as data controllers under the General Data Protection Regulation (GDPR).

We collect information you provide to us which includes, but is not limited to:

Your name, email address, address or postal code, payment method and telephone number. We collect this information in several ways, including when you provide it as part of signing up to our services, inter act with our Customer Service or other employees, or participate in surveys or marketing promotions;

We will not collect any personal data from you that we do not need for providing and overseeing the services that we will provide to you.

31. Sharing information

We may disclose the information we hold on you without reference to you, to other organisations seeking to verify your identity for anti-money laundering purposes.

To facilitate the provision of services by us we may also transfer information we hold about you to countries both inside and outside the European Economic Area, which may or may not have data protection laws for any of the purposes described in this clause.

We may disclose to HMRC and to any other competent regulatory authority or government agency investigators, inspectors or agents appointed by them, information relating to you or, if relevant, any of your clients or staff.

We may pass information we obtain about you to third parties:

  • to enable you to gain access to restricted parts of this Website or any other website;
  • to enable us to provide or for you to receive and/or pay for a Service;
  • to enable you to receive information you have requested to be sent to you in order to fulfil a request you may have made.

32. Your Rights

Under the data protection legislation, you have several rights regarding the use of your personal data as follows:

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object

You may contact us at any point in respect of these rights. However, you should be aware that in some cases, such as restricting processing, this may result in us being unable to fulfil our contractual obligations to you, and we will therefore no longer be able to provide a service. You should also note that certain legal obligations will also take president over these rights.

33. How to complain about the use of your data

If you wish to raise a complaint about how we have handled your personal data, including in relation to any of the rights mentioned above, you can contact our Data Protection Officer by e mail at support@acclaimdriving.com and we will investigate your concerns.

Alternatively, you may write to us at:

The Data Protection Officer
Ability Driving Academy Ltd
15-17 Leicester Rd,
Narborough,
Leicester
LE19 2HL

If you are not satisfied with our response, or believe we are processing your data unfairly or unlawfully, you can complain to the Information Commissioner’s Office (ICO). You can find further information about the ICO and their complaints procedure at the following link https://ico.org.uk/concerns.

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