Motability is committed to protecting the privacy and security of your personal information.
In this policy, “Motability” also refers, where applicable, to “Motability Enterprises Limited” a trading subsidiary of Motability.
What is the Purpose of this Policy?
This policy together with our website terms and our cookies policy sets out how we collect and use your personal information, including in accordance with our responsibilities under the the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 which merge the previous requirements of the Act with the requirements of the General Data Protection Regulation ((EU) 2016/679)(“UK GDPR”) and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, applicable in the UK (“Data Protection Legislation”).
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
Motability Scheme Customers
Motability Scheme Enquirers and Health Professionals
Who are we?
The website at https://www.motability.org.uk/ and at https://www.motabilityenterprises.co.uk (both referred as our “Site”) are operated by Motability. Motability is a registered charity in England and Wales (number 299745) and a Registered Charity in Scotland (number SC050642) and our registered office is at Warwick House, Roydon Road, Harlow, Essex CM19 5PX (“Motability”, “we”, “us” or “our”).
How do we collect your personal information?
The personal information we collect about you is made up of the information you give us during your use of the Site and your other communications with us. For example:
- (i) when you fill in forms on our Site, download information, request newsletters or other services, or contact us about the Motability Scheme;
- (ii) if you contact us or we contact you for any reason, we may keep a record of that communication; and
- (iii) we collect details of your visits to our site including traffic data, location data, weblogs and other communication data, and the resources that you access.
You can access and browse the majority of our website without disclosing your personal data, with the exception of the use of electronic forms.
What we collect
The personal information we collect from visitors to our Site might include:
- Personal details (such as your name and address);
- Email addresses;
- IP addresses; and
- Information regarding what pages are accessed and when.
In addition, we collect from Customers and Scheme Applicants the following data:
- Personal details (such as your name and address);
- Contact details (such as telephone and email addresses);
- Family information (children, dependents etc.)
- National Insurance Number
- Financial information
- Health information
- Details of representative, partner and other vehicle users.
What we do with the information we gather
Situations in which we will use your personal information. We may use your information for the following purposes:
- to ensure that content from our Site is presented in the most effective manner for you and for your computer;
- to provide you with information, publications and marketing communications about the Motability Scheme and any products and services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to seek your opinions on matters of interest to us;
- for internal analysis and research;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to conduct testing to resolve any incidents experienced in a live environment and improve the efficiency and capabilities of Motability’s IT systems.
If you are a Motability Scheme customer then we will use your information for additional purposes, as described in your vehicle lease agreement and any separate documents which you may complete as a Motability Scheme customer (for example, your application for a vehicle and any application for financial help), including:
- to verify eligibility for the Motability Scheme;
- to consider and determine any application for financial help and to assess your vehicle needs;
- to comply with legal and regulatory requirements and to adhere to responsible good governance requirements;
- to monitor and oversee the performance of the Motability Scheme including the quality of service and the value for money provided to customers to ensure that it meets the needs of disabled people; in these cases, steps will be taken with a view to ensuring that the privacy rights of individuals are not inappropriately undermined and this may include turning personal information into anonymised data so that a person cannot be identified from it;
- for internal analysis and research for the benefit of disabled persons in accordance with our charitable objectives; in these cases, steps will be taken with a view to ensuring that the privacy rights of individuals are not inappropriately undermined and this may include turning personal information into anonymised data so that a person cannot be identified from it;
- if you have provided your consent for this during the application or otherwise, to mail you Lifestyle magazine and to contact you by post, phone call, electronic communications including email, text messages or other lawful and permitted means with details of additional products and services which are from particular third parties, including providers of financial services, and which may be of interest to you. These include but are not limited to specialist insurance products and travel services (known as “affinity products”) and this is processing of personal information based on consent and for the legitimate commercial interests of Motability who will be the sender of this marketing.
You can tell us at any time if you would prefer not to receive such direct marketing from Motability.
Monitoring and Recording Communications
Motability has a telephone call recording system in operation which records (i) all incoming telephone calls, (ii) all outgoing telephone calls from its Charitable Operations team and (iii) internal calls to/from its Charitable Operations team. An ‘incoming call’ is a call received by Motability (including any calls re-directed from Motability Operations), and an ‘outgoing call’ is a call made by Motability.
Motability records (i) all incoming telephone calls, (ii) all outgoing telephone calls from its Charitable Operations team, (iii) all internal calls to/from its Charitable Operations team for the following purposes:
- (a) To establish the existence of facts relevant to its activities; for example, to keep a record of information given via telephone by or to Motability Scheme customers or applicants where it is necessary or desirable for Motability to record the information provided during that conversation;
- (b) To ascertain compliance with regulatory or self-regulatory practices or procedures relevant to Motability; for example, to ensure that Motability is complying with its own policies and procedures, with external regulatory guidelines, and with applicable laws;
- (c) To ascertain or demonstrate standards that are, or ought to be, achieved by Motability personnel; for example, for quality control and staff training; and
- (d) To prevent or detect crime; for example, to monitor for or to detect evidence of fraud or corruption.
Motability determines the nature and extent of its call recording appropriate for the above purposes taking into account:
- (a) The importance which it attaches to the sensitive and responsive handling of all calls with Motability Scheme customers including those customers who may have a cognitive impairment, and applicants and the need for rigorous quality control and staff training to achieve this;
- (b) The importance which it attaches to identifying, remedying and addressing the root cause of those calls which are not regarded as a good experience by Motability Scheme customers or applicants, recognising that such calls are likely to be isolated occurrences;
- (c) The results of its data protection impact assessment in relation to call recording; and
- (d) The advice of its Data Protection Officer.
- Motability may (from time to time) record telephone calls for other purposes, provided that the individuals involved in such telephone calls consent to the telephone call(s) being recorded for the stated purpose.
Motability will use all reasonable efforts to ensure that callers are aware of the recording of telephone calls by the use of a pre-recorded message to notify all persons making incoming calls that:
- a) Motability records both incoming external calls and all subsequent incoming/outgoing calls to/from the Charitable Operations team for the purposes set out above; and
Motability treats a caller’s election to proceed with an incoming call following the playing of the pre-recorded message notifying them that Motability records incoming and outgoing calls as that person’s consent to the recording of such incoming and outgoing calls in accordance with the notification provided.
Motability intend to make call recordings available to Motability Operations where it is necessary to hear the call first hand:
- To establish facts and understand the customers circumstances to address the issue being raised.
- To enable a customer complaint to be addressed appropriately.
- To understand the context in which information is being provided.
Motability does not make call recordings available to any other third parties, unless legally obliged to do so. Motability will not retain telephone recordings for any longer than necessary for the purposes for which they are collected or as required by its Data Retention Policy or other legal requirement, whichever is longer. When recording incoming and outgoing telephone calls, Motability will comply with the Data Protection Legislation and our internal ICT and Data Protection Policies and Procedures (including but not limited to: ICT systems Policy, Data Protection Policy; and Further Processing of Personal Data Policy.
Motability has determined that it has a legitimate interest in recording incoming and outgoing telephone calls in accordance with this Policy and that the importance which it attaches to such call recording as described in this Policy for the purposes set out in this Policy are not overridden by the privacy rights of the relevant data subjects.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for.
If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.
Our website does not enable our visitors to communicate with others or to post information to be accessed by others.
We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected. When assessing what retention period is appropriate for your personal data, we take into consideration:
- (a) the requirements of Motability;
- (b) the purposes for which we originally collected the personal data;
- (c) the lawful grounds on which we based our processing;
- (d) the types of personal data we have collected;
- (e) the amount and categories of your personal data; and
- (f) whether the purpose of the processing could reasonably be fulfilled by other means.
In some circumstances (for example when we collect statistical data about users' browsing actions and patterns) we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
Change of Purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Why might you share my personal information with third parties?
“Third parties” includes service providers (including contractors and designated agents) and other entities within our group, service partners involved in the provision of Motability Scheme vehicles, and third parties involved in verifying eligibility for the Motability Scheme or in assessing applications for financial help.
We will share your personal information with third parties where required by law, where it is necessary to administer the relationship with you, or where we have another legitimate interest in doing so.
Which third-party service providers process my personal information?
The following activities are carried out by third-party service providers: IT services, professional advisory services, administration services and emailing services.
All our third-party service providers are required to take appropriate security measures to protect your personal information. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
For scheme customers, we may also share the personal information with third parties to verify your eligibility for the Scheme and for the other purposes described in our separate documents with you including the DWP, Veterans UK, Motability Operations, credit reference agencies, and RSA as the Motability Scheme insurer.
We may also share the personal information of our site visitors with our Scheme partners to enable us to deal with your request(s).
We may share your personal information with other third parties, for example in the context of the possible restructuring of the charity. We may also need to share your personal information with a regulator or to otherwise comply with the law.
Transferring information outside the UK and/or the European Economic Area (“EEA”)
We may transfer the personal information we collect about you to countries outside of the UK and/or the EEA, where this is necessary for the purposes for which we collected it.
Whenever we transfer your personal data out of the UK and/or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission and/or the UK Secretary of State (as applicable).
- Where we use certain service providers, we may use specific contracts approved by the European Commission and/or the UK Secretary of State (as applicable) which provide appropriate safeguards for personal data.
- A specific situation may exist where the transfer is permitted under the GDPR (for example, where the transfer of your personal data is necessary for the performance of a contract with you).
Our emailing service provider Mailchimp is based in the USA. Our contract with Mailchimp incorporates the contractual clauses referred to above which have been approved by the European Commission and/or the UK Secretary of State (as applicable).
Please contact our Data Protection Officer if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We place great importance on the security of all personally identifiable information associated with our visitors. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Data Subject Rights
Rights of access, rectification, erasure, objection and restriction.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.
Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access to your personal information. This enables you to receive details of the personal information we hold about you and to check that we are processing it lawfully.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes of which we need to be made aware.
- Request erasure of your personal information, also known as the ‘right to be forgotten’. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you want to exercise any of the above rights, please email: DataProtectionOfficer@motability.org.uk.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose (for example, in relation to any direct marketing which you have indicated you would like to receive from us), you have the right to withdraw your consent to the use of your information for that purpose at any time.
You can exercise this option at any time by contacting our Data Protection Officer at Warwick House, Roydon Road, Harlow, Essex CM19 5PX, or by email: DataProtectionOfficer@motability.org.uk. Once we have received notice that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.
Changes to this Policy
Questions Regarding this Policy
If you are not satisfied with our response or believe we are not lawfully processing your data you have the right to complain to the Information Commissioner’s Office at https://ico.org.uk/concerns/