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EPH CONTROLS LIMITED

REWARD SCHEME (AND WEBSITE) TERMS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND PARTICIPATING IN OUR REWARD SCHEME.

1. Information about us

• We are EPH Controls Limited, a limited liability company registered in England under company number 07162534 and with our registered office at 79 College Road, Harrow, England, HA1 1BD. Our main trading address is 79 College Road, Harrow, HA1 1BD. Our VAT number is 990011640.
• You may contact us by telephoning 01933 626396 or by emailing us at rewards@ephcontrols.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see paragraph 13.1.1.

2. REWARD SCHEME (AND WEBSITE) TERMS       

• These Terms (together with our Privacy Notice https://rewards.ephcontrols.com/ and Cookie Policy https://rewards.ephcontrols.com/Privacy) tell you the terms on which you use our website and participate in our reward scheme (“our scheme”), as a registered online member (“member”).
• Please read these Terms carefully before use our website and participate in our scheme. You should print a copy of these Terms or save them to your computer for future reference.
• By using our website and/or participating in the scheme, you confirm that you accept these Terms and you agree to comply with them. If you do not agree to these Terms, you must not use our website or participate in our scheme.

3. OTHER APPLICABLE TERMS

• These Terms refer to the following additional terms, which also apply to your use of this website and participation in our scheme:
  • Our Privacy Notice https://rewards.ephcontrols.com/Privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • Our Cookie Policy https://rewards.ephcontrols.com/Privacy, which sets out information about the cookies on our website.

4. OUR RIGHT TO VARY THESE TERMS

• We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated and which Terms were changed.

5. WE MAY MAKE CHANGES TO OUR WEBSITE

• We may update and change our site from time to time to reflect changes to our scheme. We will try to give you reasonable notice of any major changes.

6. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

• Our website is made available free of charge.
• We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
• You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms, our Privacy Policy and our Cookies Policy, and that they comply with them.

7. OUR WEBSITE IS FOR USERS IN THE UK

• Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.

8. PARTICIPATING IN OUR SCHEME

• Our scheme is made available free of charge to individuals aged 18 years or older representing eligible businesses.
• We do not guarantee that our scheme, or any products or content, will always be available or be uninterrupted.
• We may suspend, withdraw, discontinue or change all or any part of our scheme without notice. We will not be liable to you if for any reason our scheme is unavailable at any time or for any period.
• The reward account, points and vouchers, in whatever form, are issued by us and remain our property.

9. USE OF THE SCHEME

• To use this scheme, you will need to register as a member. Membership is voluntary and free of charge.
• It is your responsibility to keep your email and contact details up to date. Failure to do so may lead your membership being cancelled. We will not be liable for any loss of points incurred as a result of your failure to comply with this paragraph 9.2.
• We apply a limit of one membership per person Failure to adhere to this may lead to your membership being cancelled.
• Members may choose to leave the scheme at any time. By leaving the scheme, members lose the right to any points already accrued.
• You must:
  • not use the scheme in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
  • not infringe our intellectual property rights or those of any third party in relation to your participation in the scheme to the extent that such use is not licensed by these terms; and
  • not disclose your user identification code, password or any other piece of information as part of our security procedures to any third party.
• We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
• If you know or suspect that anyone other than you knows your password, you must promptly notify us at rewards@ephcontrols.com.

10. POINTS AND REWARDS

• Through your participation in our scheme, you will be awarded with points which you will be able to redeem against rewards.
• Points may be accumulated in the following ways:
  • registering as a member of the scheme, by providing your full name, email address, phone number, postal address and date of birth;
  • registering the name of your preferred merchant and retailer from whom you order our products;
  • registering your gas safe number and/or NICEIC registration number; or
  • registering a product, which you have installed either by scanning a code on the product or uploading your receipt within 60 days of installing the product.
• The amount of points and rewards you receive and the rewards to which you may be entitled, will vary depending, amongst other things, upon the type and number of products you register online.
• We reserve the right to limit or remove the number of points awarded at any time for any reason.
• Points have no monetary value and cannot be exchanged for cash.
• Points and rewards are non-transferable and this extends to other members of the scheme.
• Points that have not been used and converted into a reward will expire within 24 months after the month in which they have been earned. We are entitled to change the expiry date of points at any time.
• The maximum number of points that you can accumulate may be limited. We will notify you in advance of any applicable limit.
• Points awarded or rewards already issued may be removed or cancelled if we determine that the points were collected in breach of these Terms or awarded in error.
• You must only use your reward for personal purposes. Rewards may not be resold or used for profit.
• Online accounts, points or rewards cannot be transferred, bought, sold or traded in any way.
• We will notify you, using the email address confirmed by you, to provide:
  • updates on your points balance (including if points are due to expire, or you have accumulated points);
  • reminders and delivery details of the rewards due to you; and
  • opportunities to receive bonus points.
• We are entitled to remove points from a member’s accounts at any time, if qualifying products you have installed are returned for any reason or a partial refund of the purchase price is given. This also applies to the exchange of qualifying products.

11. INTELLECTUAL PROPERTY RIGHTS

• We are the owner or the licensee of all intellectual property rights in our website and our scheme. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

12. OUR LIABILITY

• We only provide access to the website and the scheme for internal use by your business, and you agree not to use the scheme for any resale purposes.
• Nothing in these Terms limits or excludes our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • defective products under the Consumer Protection Act 1987.
• Subject to paragraph 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including the scheme) for:
  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.
• Subject to paragraph 12.2, our total liability to you in respect of all losses arising under or in connection with these Terms (including the scheme), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £750.
• Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the scheme. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the scheme is suitable for your purposes.

13.  COMMUNICATIONS BETWEEN US

• When we refer, in these Terms, to "in writing", this will include email.
  • Any notice or other communication given by you to us, or by us to you, under or in connection with the Terms (including the Scheme) shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
  • A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by email, one working day after transmission.
  • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
• The provisions of this paragraph 13 shall not apply to the service of any proceedings or other documents in any legal action.

14. OTHER IMPORTANT TERMS

• We may use third parties to assist in the provision and fulfilment of any part of the scheme on our behalf. We may pass your personal information to such third parties for the purposes of providing the scheme to you, as stated in our Privacy Notice.
• We may transfer our rights and obligations under the scheme to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
• You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
• These Terms are between you and us. No other person shall have any rights to enforce any of the Terms.
• Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a scheme or its subject matter or formation (including non-contractual disputes or claims).

15. [UPDATES TO THESE TERMS These terms were completed on [02/09/2024]:

EPH CONTROLS LIMITED

[September] 2024

EPH CONTROLS LIMITED

REWARD SCHEME WEBSITE PRIVACY NOTICE

1. Important Information and Who We Are

Privacy notice

This privacy notice gives you information about how we, EPH Controls Limited, collect and use your personal data through your use of this website, including any data you may provide when you register with us, or register a product through our reward scheme.

Who are we?

Business name: EPH Controls Limited (registered in England and Wales with company number 07162534) (collectively, referred to as “we”,” us” or “our” in this privacy notice).

Registered address: 79 College Road, Harrow, England HA1 1BD

VAT number: 990011640

We are the controller and responsible for your personal data.

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

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights (paragraph 9), please contact us using the information set out in the contact details section (paragraph 10).

2. The Types of Personal Data We Collect About You

Personal data means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, business name, username or similar identifier, title, date of birth, your gas safe or NICEIC registration numbers, and job role.
• Contact Data includes residential address, email address and telephone numbers.
• Financial and Transaction Data includes information about products you have purchased from us and registered with the rewards scheme (including your preferred merchant/retailers) as well as any points you have accumulated and details of where we have sent rewards (where applicable).
• Technical Data includes 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, device ID and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you interact with and use our website.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website to help improve the website and our service offering.

3. How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

• Your interactions with us. You may give us your personal data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• register products as part of our reward scheme;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, site page logs, server event logs, API request logs, webjob logs, import file logs, scheduled import and export logs, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy https://rewards.ephcontrols.com/Privacy for further details.
• Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
• Technical Data is collected from analytics providers such as Google based outside the UK and Stream Comms Limited (trading as Stream Loyalty) based in the UK; and
• Contact, Financial and Transaction Data is collected from providers of technical, payment and delivery services such as Stream Loyalty based inside the UK and CarltonOne based outside of the UK.

4. How We Use Your Personal Data

Legal basis

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Performance of a contract with you: In order to fulfil our contractual obligations to you, we will need to use your personal data. For example, to send you a reward.
• Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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). For example, we may send you information of a new product or offer.
• Legal or regulatory obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis. For example, we are required to comply with statutory and regulatory obligations relating to business such as HMRC compliance and fraud/crime prevention.
• Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to receive marketing updates.

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 the various categories of 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.

Direct marketing

During the registration process on our website when your personal data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from us through email and/or telephone.

We may also analyse your Identity, Contact, Technical, Usage and Profile Data to form a view as to which products, services and offers may be of interest to you so that we can then send you relevant marketing communications.

Third-party marketing

We will get your express consent before we share your personal data with any third party for their own direct marketing purposes.

Opting out of marketing

You can ask to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us - see paragraph 10.

If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer service purposes – for example, relating to order confirmations for rewards, points’ reminders, updates to our terms and conditions, or checking that your contact details are correct.

Cookies

For more information about the cookies we use and how to change your cookie preferences, please see our Cookie Policy https://rewards.ephcontrols.com/Privacy.

5. Disclosures of Your Personal Data

We may share your personal data with third-parties in order to carry out your requests, respond to your enquiries, fulfil your orders, or make various other features, services available to you through our website. We share your personal data with specific third-party service providers that perform functions on our behalf, such as:

• Stream Comms Limited (trading as Stream Loyalty) a company based in the UK who provides the ‘back-end’ functionality for our reward scheme.
• Carlton One Engagement Corporation (trading as CarltonOne Engagement) based in Canada, who fulfils reward orders.
• P.H Controls Limited a company based in the Republic of Ireland, which belongs to the same group of companies as us.

We may also share your personal data where necessary to third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

We share your personal data within the EPH Controls Group, which comprises the Irish companies, E.P.H Controls Limited and Blanchlink Limited together with us. This will involve transferring your data outside the UK to group company offices in the Republic of Ireland.

We may also transfer your personal data to CarltonOne, who will fulfil rewards on our behalf. may involve transferring personal data outside the UK to Ontario, Canada which have laws that do not have the same level of protection as the UK law.

Whenever we transfer your personal data out of the UK to the Republic of Ireland and Canada, we do so on the basis that the UK has provided an adequacy decision in respect of the Republic of Ireland and Canada, which ensures a similar degree of protection is afforded to your personal data as that afforded in the UK. 

7. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about you (including Contact, Identity, Financial and Transaction Data) for six years after you cease being a customer for tax purposes.

In some circumstances you can ask us to delete your data: see paragraph 9 below for further information.

In some circumstances we will 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.

9. Your Legal Rights

You have a number of 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 "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 in certain circumstances. 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) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
• You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes (see Opting Out of Marketing in paragraph 4 for details of how to object to receiving direct marketing communications).
• 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 (see the table in paragraph 4 for details of when we rely on your consent as the legal basis for using your 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.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
• If you want us to establish the data's accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• 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
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us see “Contact details” (paragraph 10).

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 could refuse to comply with your request in these circumstances.

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.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could 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.

10. Contact Details

If you have any questions about this privacy notice or about the use of your personal data or you want to exercise your privacy rights, please contact us in the following ways:

• Email address: rewards@ephcontrols.com
• Postal address: EPH Controls Limited, 79 College Road, Harrow HA1 1BD.
• Telephone number: 01933 626396

11. Complaints

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

12. Changes to the Privacy NOTICE and Your Duty to Inform Us of Changes

We keep our privacy notice under regular review.

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, for example a new address or email address.

13. Third-party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

EPH CONTROLS LIMITED

[SEPTEMBER] 2024