We want you to feel comfortable using Our website and with the privacy of your personal data. GEM Motoring Assist is committed to respecting your privacy and protecting your personal data. This Privacy Notice explains in detail how GEM Motoring Assist (“We/Us/Our”) collects, uses, shares, and protects your personal data when you interact with Us as a customer or website visitor. It will also provide you with a better understanding of your rights relating to your personal data and how you can exercise those rights.
Throughout this document We refer to Data Protection Legislation which means the Data Protection Act 2018 (DPA2018), United Kingdom General Data Protection Regulation (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation implemented in connection with the aforementioned legislation. Where data is processed by a controller or processor established in the European Union or comprises the data of people of the European Union, it also includes the EU General Data Protection Regulation (EU GDPR). This includes any replacement legislation coming into effect from time to time.
We encourage you to take the time to carefully read the sections below. We would also ask that you share this Privacy Notice with anyone whose personal data you intend to share with Us (such as other named drivers of your vehicle).
Updating this Privacy Notice
We reserve the right to amend or update this Privacy Notice at any time and in response to changes in the Data Protection Legislation. We will notify you of any changes We consider to be significant, but it is important that you come back from time to time to check for any updates and to ensure that you are happy with them.
This notice was last updated on 23/02/2024.
Who we are?
We are GEM Motoring Assist, Station Road, Forest Row, East Sussex, RH18 5EN. GEM Motoring Assist is the data controller for the processing that We undertake that is outlined in this Privacy Notice. We are registered with the Information Commissioner’s Office with registration number Z4971242. As the data controller, We are responsible for deciding how We hold and use the personal data We collect.
Data Protection Officer (“DPO”)
We have a dedicated Data Protection Officer. Should you wish to exercise any of your rights under the Data Protection Legislation, or have any questions relating to this Privacy Notice, please direct your enquiry to the Data Protection Officer, Call Assist Ltd, Axis Court, North Station Road, Colchester, Essex CO1 1UX or email DPO@call-assist.co.uk. Please note that Call Assist Ltd is Our parent company who assist Us in managing our responsibilities under the Data Protection Legislation.
Personal data is information about you from which you can be identified. Dependent on which service you receive from Us, We will process different types of personal data about you. We will not process any personal data about you that We do not actually need in order to provide Our services to you.
Collecting your information
We may collect your information directly when you:
- Visit Our website
- Use Our social media
- Email, call or text Us
Where you have purchased breakdown cover from Us and you need to make a claim, We will receive information about the claim from Call Assist Ltd, Our parent company who deals with your vehicle recovery on Our behalf.
What personal data do we collect?
GEM Motoring Assist is unable to provide you with Our products or services if you do not provide certain information to Us, therefore We collect the following information from you when you take Our membership or breakdown cover: name, address, email, phone numbers, date of birth, additional member names, bank or payment card details. Please note, We only provide the mechanism which collects your payment information, but it is never transmitted through or stored within Our systems as the card details are held by Our secure payment provider. We use a tokenisation system which allows Us to take payments from your card in the future (in cases where Automatic Renewal Protection is on, or where you choose to use a saved card to manually renew your membership) without having to store the actual card details on Our system.
When you join GEM, We allocate a membership number to you, which is stored alongside your personal data. If you need to make a claim, We will also collect information about the claim and the associated car registration number.
In addition, we will collect information about you when you contact us via email, phone or online chat, or if you leave us a voicemail.
We also collect personal data when you complete a form on Our website and when you enter a competition, promotion or complete a survey.
We use tags and cookies to collect and track data on people browsing Our website. This data includes basic information such as your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation. Most browsers allow you to reject all or some cookies. We cannot identify you from this information.
The cookies We use on Our website can be found listed in Our cookies policy.
We also collect data that helps Us to measure the interest and response to Our emails so that We can learn which emails you find interesting and engaging.
What are our legal grounds and purposes for collecting your personal data?
The legal basis for processing your personal data can differ depending on the personal data that We collect.
The legal basis We mainly rely on for processing personal data is performance of a contract (Article 6(1)(b) of the UK GDPR) as We need to process your personal data in order to deliver Our services to you as per Our contract. This includes:
- To administer your GEM membership and/or breakdown cover
- To issue the relevant policy documentation
- To manage any claims and deliver Our vehicle recovery services
- To take payment for services provided
- To record your details on Our systems and keep a record of all jobs related to you and your vehicles
- To contact you about your membership and/or breakdown cover. For example, informing you when your membership has lapsed
We also rely on legitimate interests (Article 6(1)(f) of the UK GDPR), provided your interests and fundamental rights do not override those interests. The purposes for which We will process your personal data on the basis of legitimate interest are listed below:
- To respond appropriately to any customer queries or complaints you may have, and otherwise manage Our relationship with you
- To run Our referral scheme
- To run giveaways and competitions on social media and via Our magazine
- To continually assess and improve Our service provision, and form a view of what We think may be of interest to you
- To assist with the security of Our infrastructure
- To gain feedback from you on Our products and services
- For the prevention and detection of fraud, financial crime and money-laundering
- We publish a GEM Motoring Assist members’ magazine ‘Good Motoring’ which is posted quarterly to your registered home address as part of your GEM membership. You can opt out of receiving this any time by contacting GEM on 01342 825676 (Mon-Fri, 9am-5pm, excluding bank holidays) or by emailing email@example.com
In some cases, We may use personal data to comply with a legal obligation (Article 6(1)(c) of the UK GDPR). The purposes for which We will process your personal data on the basis of this basis are listed below:
- Retaining information in line with Our HMRC and FCA obligations, such as information related to financial transactions and records of complaints
- To fulfil any data subject rights requests that you may submit
In a small number of circumstances, We will seek your consent (Article 6(1)(a) of the UK GDPR) to process your personal data for the following purposes:
- To send you direct marketing emails to keep you informed of Our products and services, including but not limited to membership and breakdown cover (e.g. other automotive or financial products, or other carefully selected offers which We believe may interest you)
Where We rely on your consent to process your personal data, you can withdraw your consent at any time by pressing the ‘unsubscribe’ button at the bottom of Our marketing emails or in the Members Area on the GEM website.
Disclosing and sharing your personal data
We will only disclose/share information about you or your policy in the following circumstances:
- It is with companies within the Call Assist Group (for the purposes of this Privacy Notice, “Call Assist Group” means Call Assist Ltd and any company or entity which Call Assist Ltd own more than 15% of the issued share capital. Companies in the Call Assist Group shall include, without limitation, Call Assist Ltd, and any other company that is incorporated within the Call Assist Group at any time in the future)
- In the event that We undergo re-organisation or are sold to a third party, in which case any personal information We hold about you will be transferred to that re-organised entity or third party
- It is with DAS Legal Expenses Insurance Company Limited which is an underwriter of your breakdown policy
- If you have given Us consent to do so
- It is with regulatory bodies
- It is with fraud prevention and credit reference agencies
- It is required by law
- In case you make a complaint to Us about the service We have provided, We may be obliged to forward details about your complaint, including your personal information, to the Financial Ombudsman Service (“FOS”)
- It is being shared with aggregators/selling platforms, such as comparison creator groups and
- It is shared with selected third party data processors who provide elements of services for Us, such as printing services that dispatch your membership card and magazine, and IT software providers
We only share your data with third parties that can provide sufficient guarantees that they will process your data securely and in accordance with Data Protection Legislation. Our data processors cannot do anything with your personal data unless We have instructed them to do it. They will not share your personal information with any organisation apart from Us or further sub-processors which must process your personal data to the same high standards.
In the unfortunate event that you have to make a claim, then We will need to disclose your personal data to any other party involved in that claim. This will usually include:
- Third parties involved with the claim, their insurer, solicitor or representative
- Medical team, the police or other investigators
International personal data sharing and transfers
It may be necessary to transfer your information to other Group companies or service providers located outside of the UK and European Economic Area (EEA). We will not transfer your data outside the UK and EEA unless it is to a country which is considered to have equivalent Data Protection laws or We have taken all reasonable steps to ensure the firm has suitable standards in place to protect your data – usually in the form of entering into standard contractual clauses with the UK Addendum with the receiving party.
Under the Data Protection legislation, you have a number of rights relating to the information We hold about you. This includes the right to:
- Ask for a free copy of any personal data We hold about you
- Ask for correction of any inaccurate information held about you
- Object to the use of your personal data for direct marketing
- Ask for your personal data to be deleted from Our system/database. Please note that there are times when We will not be able to delete your data. This may be as a result of Us fulfilling Our legal and regulatory obligations, or where there is a minimum statutory period of time for which We have to keep your information. If We are unable to fulfil a request, We will always let you know Our reasons
- Not to be subject to an automated decision making (without human involvement) where that decision produces a legal or significant effect on you. This means you can ask that We involve one of Our members of staff in the decision-making process
- Obtain, move, copy or transfer your personal data in a format which enables you to transfer that personal data to another organisation. You may ask to have your personal data transferred by Us directly to the other organisation, if this is technically feasible
- Request that We suspend Our processing of your personal data. Where We suspend Our processing of your personal data, We will still be permitted to store your personal data, but any other processing of this information will require your consent, subject to certain exemptions (for example, processing is required by law or to prevent crime)
- where We rely on your consent to process your personal data, you have the right to withdraw your consent at any time
You also have the right to complain to the Information Commissioner’s Office if you are not satisfied with Our use of your data (https://ico.org.uk).
Should you wish to exercise any of your rights under the Data Protection legislation, please direct your enquiry to the Data Protection Officer, Call Assist Ltd, Axis Court, North Station Road, Colchester, Essex CO1 1UX; email DPO@call-assist.co.uk.
Your personal data is important to Us, and as such, We make reasonable efforts to ensure the necessary measures are in place to prevent unauthorised or inappropriate access, use, modification, disclosure or destruction.
On Our website We protect any personal data you have given Us by providing you with a User ID and password. Your User ID will be the email address provided to Us during the purchase of your membership and/or breakdown cover. You will need a User ID and password to access your personal data on Our website. You must keep this password safe and must not disclose it to anyone. You must tell Us immediately if your User ID or password has been compromised in any way. Please also tell Us if you would like Us to change your User ID or password for any other reason.
Other measures We take to keep your personal data secure include, but are not limited to:
- Making regular backups of files
- Protecting file servers and workstations with virus scanning software
- Using a system of passwords so that access to personal data is restricted
- Allowing only authorised staff into certain computer areas
- Using data encryption techniques to code data when in transit
- Ensuring that staff are only given sufficient rights to any systems to enable them to perform their job function.
Retaining your information
We retain your personal data in order to provide Our range of products and services to you and/or to fulfil Our legal and regulatory obligations. If you decide that you no longer wish to use Our products and services, We will retain your personal data in line with Our Retention Policy and/or Our legal and regulatory requirements.
Our Retention Policy is available upon request by contacting: DPO@call-assist.co.uk.
Links to Other Websites
In this website certain links, including hypertext links, will lead you to website or pages that are not under Our control. These links are provided for your information and convenience and the inclusion of any link does not imply endorsement by Us in any way of the site to which a particular link leads. We accept no responsibility or liability for the content of other websites. If you are redirected to another website via Our website, you will need to contact that organisation separately to remove your details from their records.