Investors who hold their shares through the Aston Martin Lagonda Nominee Service should consult the Equiniti Financial Services Limited’s privacy notice available at https://privacy.equiniti.com/privacy-notices for details of how their personal data will be processed.
Aston Martin Lagonda Global Holdings plc (‘we’, ‘us’, ‘our’) respects your privacy and is committed to protecting the personal data you provide to us. This privacy notice will let you know how we collect, process and manage your personal data which we have received through your use of our websites e.g. www.astonmartin.com, subdomains and www.lagonda.com “the websites”), through your attendance at Aston Martin events, through your contact with us by post, phone, e-mail or otherwise and by you submitting application and registration forms/identification documentation. The privacy notice will also notify you of your privacy rights in relation to the personal data and how the law protects you.
If you are also a customer of the Aston Martin Lagonda Group, you should refer to the separate customer privacy notice which governs our use of the personal information that we hold about you as a customer or prospective customer of ours.
Please note that we may amend this policy from time to time and any updated policy will be posted on our website and, where appropriate, notified to you by e-mail. Please continue to review this policy whenever accessing our site.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. Important information and who we are
The Data Protection Officer
Aston Martin Lagonda, Banbury Road,
Gaydon, CV35 0DB,
You have the right to make a complaint at any time to the Information Commissioner’s Office in the United Kingdom, the British supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioner’s Office, and invite you to contact us in the first instance.
3. 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).
a) Types of personal data
We will collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, last name, title, date of birth and gender.
- Contact Data includes address and postcode, email address and mobile and telephone numbers.
Data includes details about payments to and from you and other details of transactions and arrangements between you and us, including financial data and voting preference instructions.
- Technical Data includes (where you access the Aston Martin website) 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 the website.
Data is also collected, used and shared, such as statistical or demographic data. This information may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may anonymise and aggregate your Usage Data or Contact Data for investor profiling purposes.
- Profile Data includes details of any events that you may have attended and preferred language.
- Usage Data includes information about how you use our site, products and services.
- Marketing and
Communications Data includes your preferences in receiving direct marketing material from us and certain third parties and your communication preferences.
We will only collect any Special Categories of Personal Data about you (this includes 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 biometric data) if the law allows us to do so.
4. How is your personal data collected?
We use different methods to collect data from and about you including through:
a) Direct interactions. You may give us your Identity, Contact and Profile Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- • subscribe to our publications;
- • attend an Aston Martin event (for example our Annual General Meeting); and
- • request marketing to be sent to you (by giving us your express consent via an opt-in notice).
b) Automated technologies or interactions. As you interact with our website or e-mails we will send you, we will automatically collect Technical Data about your equipment, location, browsing actions and patterns. We collect this personal data by using cookies.
c) Third parties. We will also receive personal data about you from various third parties including:
• As part of our identity and financial crime checking procedures with credit reference agencies, fraud detection agencies and registration or stockbroking industry exchanges as well as public information sources;
• Market researchers;
- • From third parties when you have instructed or agreed for them to pass information to us, such as:
- Your broker, agent, Trustee or Investment Company and companies that introduce you to us;
- Where Equiniti Limited as share registrar, or Equiniti Financial Services Limited as provider of the Aston Martin Lagonda Nominee Service is informed of a change in details on the share register or Aston Martin Lagonda Nominee Service register linked to your account, these updates will also be applied to your shareholding to ensure we maintain accurate records;
- Analytics providers such as Google based outside the EU; and
- Providers of technical, payment and delivery services.
5. How we use your personal data
We will only use your personal data when the law allows us to. We will never sell your data, will keep your details secure, and will never share them with third parties for marketing purposes without your express consent.
We will handle and process your data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and applicable local data privacy regulations.
Most commonly, we will use your personal data in the following circumstances:
Where we need to
perform a contract, we are about to enter into or have entered into with you,
or to provide a service which you have requested;
- • Where it is necessary for our legitimate interests (see the Appendix to this privacy notice for more detail), and where your interests and fundamental rights do not override those interests.
Where we need to
comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to us sending marketing communications to you via email. If at any time we do request your consent to the processing of your personal data, you have the right to withdraw such consent at any time.
In some circumstances we will need your personal data to: (i) perform a contract we are about to enter into or have entered into with you, or to provide a service which you have requested; and/or (ii) to comply with a legal obligation. If you choose not to provide us with information that we need it can mean that we will be unable to perform the relevant contract or provide the relevant service. So that you know what information is mandatory, we make it clear at the time we collect your personal data.
b) 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 on to do so. We have also identified what our legitimate interests are where appropriate.
The most common purposes for which we will use your personal data are:
- • to maintain our Register of Members and enable trading on any relevant exchanges;
- to undertake activities relating to the Register of Members (for example paying dividends, and notifying you about our Annual General Meeting); and
- to communicate with you in the way that you prefer.
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 details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
- • We may use your Contact Data for us to contact you by email about Aston Martin products, services, investment opportunities and events, including promotional and special offers, but only where you have given us your express consent to do so by means of a specific opt-in to direct marketing..
c) Opting out
e) Change of purpose
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us by emailing firstname.lastname@example.org
If we need to use your personal data 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Disclosures of your personal data
The information we hold about you is confidential and we will only share your personal information to enable us to deliver any product(s) or service(s) you have requested and administer the Aston Martin Lagonda Group (including managing the Register of Members), examples are as follows:
- • At your request, or with your consent or the consent of any party linked to your holding of securities;
- • Sharing with other Aston Martin Lagonda Group entities who help us deliver online portals, products and services and non-Aston Martin Lagonda Group entities, such as our agents in connection with running accounts and services for you, including:
- Registrars who held us to manage the Register of Members;
- Banks and other payment service providers to process your entitlements and payments;
- Printers in order to supply you with documentation and certificates;
- Insurance companies – where we need to provide details of your account when we make a claim;
- Stockbrokers and market makers who execute transactions on your behalf;
- Service suppliers to facilitate email, IT and administration services;
- Our professional advisors, for example, our lawyers and technology consultants, when they need it to provide advice to us;
- Your employer or agent(s), in accordance with any specific instructions you provide to us;
- Third party providers, for example, your solicitor, when you have requested their services;
- Credit reference agencies and fraud detection agencies as part of our identification procedures;
- Fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services. Further details of how your information will be used by us and these fraud prevention agencies, can be obtain by contacting our Data Protection Officer;
- Market Research Agencies to measure or understand the effectiveness of advertising we serve to you and others. We can do this ourselves or appoint an agency to do this on our behalf. This will include your use of social media sites; and
- Your Official Receiver or appointed insolvency practitioner if we receive notice of your insolvency, bankruptcy or insolvency proceedings / arrangement.
We will only transfer your personal information to trusted third parties who provide sufficient security guarantees and who demonstrate a commitment to compliance with applicable law and this policy. Where third parties are processing personal information on our behalf, they will be required to agree, by contractual means, to process the personal information in accordance with the applicable law. This contract will stipulate, amongst other things, that the third party and its representatives shall act only on our instructions, or as permitted by law.
We are also required to share your personal data with external third parties as follows (but not limited to):
- • Regulators and supervisory authorities e.g. Her Majesty’s Revenue and Customs (HMRC), domestic or foreign tax authority, the Department for Work and Pensions (DWP), Her Majesty’s Courts and Tribunals Service (the courts), Tax advisors, Credit Industry Fraud Avoidance System (Cifas); Financial Ombudsman Service (FOS), the London Stock Exchange plc or the operator of any market on which you may hold investments, as part of our legal obligations in providing the products / services;
- • Where the law requires or permits disclosure, or there is a duty to the public to reveal it;
- • When we need to defend or exercise our legal rights or those of a third party;
- • Debt collecting, debt chasing or another agent for enforcing payment of monies owed to us;
- • Efforts to trace you if we lose contact with you e.g. to reunite you with your assets;
- • Police and other law enforcement agencies for the prevention and detection of crime and where a valid permission is applicable;
- • As a result of a court order or other regulatory instruction;
- • Our insurers and insurance brokers where required for underwriting our risks and as part of ongoing risk assessments; and
- • We can transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation. At all times, we take steps to ensure your privacy rights continue to be protected as per this Privacy Notice.
7. International transfers
Some of the organisations your personal information will be shared with are located outside of the European Economic Area ("EEA"). We will always take steps to ensure that any transfer of information outside the EEA is carefully managed to protect your privacy rights. In particular:
- • where we transfer your data to service providers or other relevant third parties, we will obtain appropriate contractual commitments and assurances from them to protect your personal information (for example through the use of EU proved standard contractual clauses);
- • we will take appropriate steps to ensure your personal information is only transferred to countries which are recognised as providing an adequate level of legal protection or where alternative arrangements are in place to protect your privacy rights; and
- • any requests for information we receive from law enforcement or regulators will be carefully validated before personal information is disclosed.
You have a right to ask us for more information about the safeguards we have put in place as mentioned above.
8. Data security
Your personal data is protected by technical security systems and additional authorization procedures, both during data transfer and when your data is filed and stored on our secure servers.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
9. For how long will you use my personal data?
Personal data will not be retained for longer than necessary for us to achieve the purpose for which we obtained your personal data. We will then either securely delete it or anonymise it so that it cannot be linked back to you. We review our retention periods for personal data on a regular basis.
We will retain personal data for the duration of your entry on the Register of Members for a period of up to 12 years following your last entry on the Register or completion of service e.g. payment of unclaimed dividends, for the reasons noted below:
- • To respond to enquiries and complaints;
- • To demonstrate that your instructions were carried out properly; and
- • To maintain records to meet rules and regulatory requirements that are applicable to the administration of the Register of Members.
We can keep your data for longer than 12 years if we cannot delete it for legal or regulatory reasons.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
10. Legal Rights for Investors based in the European Union
a) What are these?
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
b) No fee usually required
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 may refuse to comply with your request in these circumstances.
c) What we may need from you
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). 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.
d) Time limit to respondWe try to respond to all legitimate requests within one month. Occasionally it may 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.
11. Links to third party websites
Aston Martin Lagonda Group means Aston Martin Global Holdings plc and each of its direct and indirect subsidiaries from time to time (and “subsidiary” shall have the meaning ascribed to it in the Companies Act 2006).
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.