Privacy Policy

Published: January 2020

Introduction

Welcome to the Privacy Notice of the Future Energy Solutions’ UK and US Groups (“FES”).

FES respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

We have drafted this Privacy Notice (also referred to as the “Notice”) in an easy and comprehensible way in order to help you understand who we are, what personal data we collect about you, why we collect it, and what we do with it. Keep in mind that personal data means any information or set of information from which we are able, directly or indirectly, to personally identify you, in particular by reference to an identifier, e.g. name and surname, email address, phone number, etc.

This website is not intended for children and we do not knowingly collect personal data relating to children.

Please keep in mind that, since FES operates globally, this Notice may be replaced or supplemented in order to fulfil the demands of local requirements, as well as in order to provide you with additional information on how we process your personal data through specific FES’ products, services, systems or applications.

We strongly encourage you to take some time to read this Notice in full.

When Does This Privacy Notice Apply?

This Notice covers how we collect and use your data, including when you:

  • visit or use our customer and customer-directed websites, applications or social media channels;
  • purchase and use our products, services, systems or applications;
  • provide to us your goods or services;
  • contact our customer support; or
  • join our business events,

or otherwise interact with us in your capacity as business customer, partner, direct or indirect supplier, contractor or other person with a business relationship with us. 

Who Is Future Energy Solutions?

Future Energy Solutions is an innovative global green technology group of companies that provide funded and capital purchase lighting solutions for large scale commercial and industrial businesses. FES is the UK and US group of companies within that broader group.

When this Notice mentions “we” “us,” or “FES,” it refers to whichever of the companies in the UK or US group which is the controller of your data under this Notice, namely the FES company with which you had, have or will have a business relationship or that otherwise decides which of your data is collected and how it is used. Without limitation, this includes FES LIGHTING UK LIMITED (Registration number 08434985 -10 Gloucester Place, Portman Square, London W1U 8EZ, United Kingdom) and FUTURE ENERGY SOLUTIONS LIGHTING HOLDINGS LLP- Prospect Park, 5400 NW 35th Avenue, Fort Lauderdale, Florida 33309, United States and all of such respective entity’s affiliates including those subsidiary companies in which FES LIGHTING UK LIMITED or FUTURE ENERGY SOLUTIONS LIGHTING HOLDINGS LLLP has control, either through direct or indirect ownership. You may obtain a list of companies in the UK or US group by contacting FES’ privacy team (you will find the contact details in the below section “what are your choices?”)

What Types of Data Do We Collect About You?

Depending on who you are (e.g. customer, supplier, business partner, etc.) and how you interact with us (e.g. online, offline, over the phone, etc.), we may process different data about you. We may collect your data, for example, when you visit or use our customer-directed websites, applications or social media channels, purchase and use our products, services, systems or applications, provide to us your goods or services, contact our customer support, join our business events, participate in our surveys or otherwise interact with us.

Not all the information we collect may be deemed as personal data. Personal data is any information relating to an identified or identifiable natural person. In addition, an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data relates only to a natural person and does not include data relating to companies, public authorities or information about a deceased person.

Below you will find an overview of the categories of data that we may collect (which may or may not constitute personal data).

For example, data you provide to us directly includes:

Categories of data

Examples of types of date

Personal identification data.

Name, surname, title, date of birth.

Contact information data.

Email, phone number, address, country.

Images and/or videos from which you may be identified.

Pictures uploaded and/or attached to emails or otherwise provided to us.

Financial data.

Credit card data, bank account data.

Transaction data

Includes details about payments to and from you, where applicable.

Any other information that you decide to voluntarily share with FES or its affiliates.

Feedback, opinions, reviews, comments, uploaded files, interests, information provided for our due diligence.

 

Additionally, if you visit our premises, for security reasons we might also record your data through video or other electronic, digital or wireless surveillance system or device (e.g. CCTV).

Separately, when you visit or use our websites or applications or otherwise interact with us through our digital channels, in addition to the information you provide to us directly, we may collect information sent to us by your computer, mobile phone or other access device.

For example, data we may collect automatically includes:

Categories of data   

Examples of types of date

Device information.

Hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and settings of the device you use to access the services.

Location information.

Your actual location (derived from your IP address or other location-based technologies), that may be collected when you enable location-based products or features such as through our apps.

Other information about your use of our digital channels or products.

Apps you use or websites you visit, links you click within our advertising e-mails, motion sensors data.

 

FES does not actively seek to collect any personal data about you related to your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health or genetic or biometric data nor does FES collect any information about criminal convictions and offences. If FES for any reason does collect or receive any personal data listed in this paragraph, we will comply with applicable privacy legislation related to such data and ensure we delete any personal data which we do not have a legal reason to process.

HOW DO WE USE YOUR DATA?

We may use your data for a different range of reasons, all of which will be for legitimate business purposes. Below you will find an overview of the purposes for which we may process your data:

Purposes

Examples

Assessment and (re)screening of (potential) Customers, Suppliers and/or Business Partners.

Conducting due diligence.

Conclusion and execution of agreements.

Sales, billing, shipment of products or services, registration to mobile applications or websites, warranty, services communications, account management.

Providing support (upon your request).

Providing support via communication channels, such as customer support.

Security and protection of our interests/assets.

Deploying and maintaining technical and organizational security measures, conducting assessments to verify conflicts of interests.

Compliance with legal obligations.

Disclosing data to government institutions or supervisory authorities as applicable in all countries in which we operate, such as tax and national insurance deductions, recordkeeping and reporting obligations, conducting compliance audits, compliance with government inspections and other public authorities, responding to legal process, pursuing legal rights and remedies, and managing any internal complaints or claims.

Defence of legal claims.

Establishments, exercise or defence of legal claims to which we are or may be subject.

Product development.

To improve the services, products and communications we provide.

 

Where we are obliged 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 (for example, to provide you with goods or 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.

On What Legal Basis Do We Use Your Personal Data?

In order to be able to process your personal data, we may rely on different legal bases, including:

  1. your consent (only when legally required or permitted). If we rely on your consent as a legal basis for processing your data, you may withdraw your consent at any time;
  2. the necessity to establish a contractual relationship with you and to perform our obligations under a contract;
  3. the necessity for us to comply with legal obligations and to establish, exercise, or defend FES from legal claims;
  4. the necessity to pursue our legitimate interests, including:
    • to ensure that our networks and information are secure;
    • to administer and generally conduct business within FES;
    • to prevent or investigate suspected or actual violations of law, breaches of a business customer contract, or non-compliance with other FES policies;
  1. the necessity to respond to your requests;
  2. the necessity to protect the vital interests of any person; and
  3. any other legal basis permitted by local laws.

 

When Do We Share Your Personal Data?

We do not share any of your personal data except in the limited cases described in this Notice.

If it is necessary for the fulfilment of the purposes described in this Notice, we may disclose your personal data to the following entities:

  • FES affiliates: due to the global nature of the broader FES group, your data may be shared with certain FES affiliates. For personal information relating to an identified or identifiable natural person (a “data subject”), this may involve transferring your personal data to or from the European Economic Area (EEA). Access to your data within FES will be granted on a need-to-know basis;
  • service providers: we may outsource certain data processing activities to trusted third party service providers to perform functions and provide services to us, such as consulting providers, shipping providers, ICT service providers;
  • business partners: we may share your personal data with trusted business partners so that you may be provided with the services you request;
  • public and governmental authorities: when required by law, or as necessary to protect our rights, we may share your personal data with entities that regulate or have jurisdiction over FES;
  • professional advisors and others: we may share your personal data with other parties including professional advisors, such as banks, insurance companies, auditors, lawyers, accountants, other professional advisors;
  • other parties in connection with corporate transactions: we may, from time to time, share your personal data in the course of corporate transactions, such as during a sale of a business or a part of a business to another company, or any reorganisation, merger, joint venture, or other disposition of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings); and
  • third parties: as necessary to investigate and correct technical problems and malfunctions in the goods and services or computer systems that support the provision of goods and services.

Whenever we transfer your personal data to jurisdictions other than your home country (including out of the EEA), we ensure a degree of protection is afforded to it by ensuring at least one of the following safeguards approved by the General Data Protection Regulation (“GDPR”) are implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts 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 personal data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US or we may use specific contracts as described in the paragraph above.

For the avoidance of doubt, we aim to provide the above-noted safeguards to those not caught within the application of GDPR where the data protections afforded under it are more expansive than the subject jurisdiction’s privacy legislation.

How Long Do We Keep Your Personal Data?

We keep your personal data for the period necessary to fulfil the purposes for which it has been collected (for details on these purposes, see above section “How do we use your data?”)

Please keep in mind that in certain cases a longer retention period may be required or permitted by law. The criteria used to determine our retention periods include:

  • How long is the personal data needed to provide you with our products or services or to operate our business?
  • Are we subject to a legal, contractual, or similar obligations to retain your data? Examples can include mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation.

What Are Your Responsibilities?

We would like to remind you that it is your responsibility to ensure, to the best of your knowledge, that the personal data you provide us with, is accurate, complete and up-to-date. Furthermore, if you share with us personal data (including data that might not be considered as personal data for your processing purposes but might be deemed as personal data for our purpose of processing) of other people, it is your responsibility to collect such personal data in compliance with local legal requirements. For instance, you should inform such other people, whose personal data you provide to us, about the content of this Notice and obtain their consent (or any other lawful basis of processing that you may rely on under applicable privacy laws in your jurisdiction).

What Are Your Rights?

If you are in the European Economic Area (EEA), you have the following rights as provided by GDPR:

  • The right to access your personal data including requesting a copy of your personal data that is processed by us;
  • The right to review, change or delete the personal data you have supplied us with (to the extent FES is not otherwise permitted or required to keep such personal data);
  • The right to receive a copy of your personal data (in a common machine-readable format, to the extent it is required by applicable law);
  • The right to request FES restrict processing your personal data where (a) you believe such personal data to be inaccurate (b) our processing of your personal data is unlawful or (c) FES no longer needs to process your personal data for a particular purpose but where we are unable to delete your personal data due to a legal or other obligation. Where you restrict processing of your personal data, it shall only be processed with your consent or for the establishment, exercise or defence of legal claims;
  • If you have consented to us processing your personal data, the right to withdraw your consent at any time by contacting our Privacy Officer; and
  • The right to ask us any other questions related to the protection of your personal data by FES.

 

Beginning after January 1, 2021, if you are a resident of California and your personal data is processed by us pursuant to the California Consumer Privacy Act 2018 (“CCPA”), you have the following rights, (subject to verifying your identity):

  • right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months; and
  • right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions as provided for in the CCPA.

 

Please note that we do not have an “opt-out of sale” button on our website as FES will not sell your personal data to third parties. You may exercise such rights by contacting our Privacy Officer. The contact details of our Privacy Officers are:

UK Group of Companies:

  • Mail: FES Lighting UK Limited Attn: Privacy Officer, 10 Gloucester Place, Portman Square, London W1U 8EZ; or
  • Email: privacy@feslighting.co.uk 

US Group of Companies:

  • Mail:
Future Energy Solutions Lighting Holdings Attn: Privacy Officer, Prospect Park
5400 NW 35th Ave.
Fort Lauderdale, FL 33309

We will do our best to address your request in time and free of charge, except where it would require a disproportionate effort. In certain cases, we may ask you to verify your identity before we can act on your request. If you are unsatisfied with the reply received, you may then refer your complaint to the relevant regulator in your jurisdiction.

How Do We Use Cookies and Other Tracking Technologies?

For more information on how we use cookies and other technologies, please read our ‘Cookie Notice’ (which can be found on the FES Lighting’s website.)