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Element Fleet Leasing Limited (“Element”, “we” or “us”) has issued this Privacy Notice (“Notice”) to describe how we process personal data about you for our own purposes when you (i) receive services from Element as part of a contractual arrangement with us; (ii) provide services to Element, (iii) reach out to Element for the purpose of seeking our services; or (iv) otherwise engage with us.
PURPOSE AND SCOPE
At Element, we understand the importance of privacy and are committed to protecting the personal information we collect, use and disclose in the course of managing our business activities. Element is governed by the requirements of the General Data Protection Regulation (No. 2016/679) (“GDPR”), the Data Protection Acts 1988 to 2018 and other applicable national and EU privacy legislation (together “Data Protection Law”) and we collect, use and/or disclose personal data in line with Data Protection Law.
As with other Element policies, we may update this Notice from time to time, for example if we implement new systems or processes that involve the use of personal data.
CATEGORIES OF PERSONAL DATA AND PURPOSES FOR PROCESSING
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Description of personal data
|
Purpose of processing |
Lawful basis |
|
Vendors and customer information: name and contact details of representatives of (existing and potential) vendors and customers, payment information |
To facilitate, enter into, maintain and enhance commercial relationships with vendors and customers. |
Performance of a contract (Art 6(1)(b) GDPR)
Legitimate interest of Element to manage and enhance its business relationships with third parties (Art 6(1)(f) GDPR). |
We may also collect personal data from third party sources such as LinkedIn and other public domain sources. Where we obtain personal data about you from such third party sources, we will do so in accordance with Data Protection Law.
Element will limit collection of personal data to what is necessary for the identified purposes for which it is collected (those purposes are set out above) unless we have the individual’s consent to use it for a different purpose or we are otherwise required to process that information in accordance with applicable law.
TRANSFERS OF PERSONAL DATA
In the course of conducting our business, we may transfer personal data outside the European Economic Area (“EEA”) to other companies in the Element group of companies. From time to time, we may also need to transfer personal data outside the EEA to other service providers and customers. If such transfer occurs, Element will ensure that these transfers are in compliance with Data Protection Law and appropriate safeguards are in place such as standard contractual clauses (published by the European Commission) if appropriate. A copy of the form of standard contractual clauses typically utilised by us is available at
https://commission.europa.eu/document/download/e60b1cd4-d802-44d5-9cac-ddd3c943a5ef_en?filename=1_en_annexe_acte_autonome_cp_part1_v5_0.pdf.
If you require more information on the means of transfer of personal data or would like a copy of the relevant safeguards, please contact us as set out in the Contact Us section at the end of this Notice.
DISCLOSURE OF PERSONAL DATA
From time to time, we may disclose personal data to third parties such as affiliates of Element, our vendors and suppliers, or to our professional advisers. The following table sets out the third parties with whom personal data may be shared. It also describes the categories of personal data that may be shared, the reason for sharing this information and the location of the recipient.
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Disclosure of Personal Data to Third Parties |
|||
|
Recipient |
Personal Data |
Purpose |
Location of Recipient |
|
Companies and affiliates of Element |
Customer and vendor contact details and associated information in respect of the customer/vendor’s relationship with Element. The same information as described above in respect of prospective customers and vendors of Element. |
To manage, support, build and enhance relationships with customers and vendors of Element (including prospective customers and vendors). |
United States Canada Ireland Mexico Australia New Zealand Singapore
|
|
Technical service providers (including providers of IT support services) |
Customer and vendor contact details and associated information in respect of the customer/vendor’s relationship with Element. The same information as described above in respect of prospective customers and vendors of Element. |
To support the operation and performance of technology and other services utilised by Element to run its business. |
United States Canada Mexico Ireland India Uruguay
|
|
Professional advisors such as external lawyers, accountants and tax advisors |
Information related to customer and vendor relationships. Contractual documentation and other documentation associated with customers and vendors of Element. |
To provide legal, accounting and tax advice. |
Ireland United States Canada |
|
Customer Relationship Management (CRM) system providers |
Customer and vendor contact details and associated information in respect of the customer/vendor’s relationship with Element. The same information as described above in respect of prospective customers and vendors of Element. |
To manage relationships with customers. |
Ireland United States Canada |
|
Governmental agencies such as law enforcement or regulatory bodies |
Customer and vendor contact details and associated information in respect of the customer/vendor’s relationship with Element. The same information as described above in respect of prospective customers and vendors of Element. |
To comply with applicable laws, regulations and governmental requests and maintain the security of our website, services, rights, and property. |
Ireland United States Canada |
|
A purchaser or potential purchaser of the business |
Information related to customer and vendor relationships. Contractual documentation and other documentation associated with customers and vendors of Element. |
To enable the completion of the relevant merger, restructuring, financing, acquisition, divestiture, dissolution or other corporate change. |
Worldwide |
DATA RETENTION
Personal data will be retained only as long as necessary for fulfilment of the purposes for which it was collected or as otherwise required by legislation. In general, and unless otherwise required by law, information relating to customers is retained for as long as Element is providing services to the customer plus an additional seven years to account for any potential customer claims. The storage periods will be determined on a case-by-case basis that depends on several factors, including the nature of the information and why it is collected and processed, and whether we are required to keep your information for legal reasons.
DATA ACCURACY
We will make reasonable efforts to ensure that personal data is as accurate, complete and current as required for the purposes for which it was collected. If you think we have made a mistake, you can ask for us to make corrections to your personal data in our custody or control by contacting us as set out in the Contact Us section at the end of this Notice.
DATA SECURITY:
Element protects personal data using security safeguards including the following measures:
For further information about how we protect your personal data, please contact us as set out in the Contact Us section at the end of this Notice.
DATA SUBJECT RIGHTS
We are open about the policies and procedures we use to protect personal data. Any inquiries may be made as set out in the Contact Us section at the end of this Notice. Data subject access requests and other requests to exercise rights under Data Protection Law are generally responded to within one month as set out in Data Protection Law. In certain circumstances depending on the nature and complexity of the request, Element may inform the individual that additional time (up to two further months) is required to respond to the request.
DATA PROTECTION LAW PROVIDES INDIVIDUALS WITH THE FOLLOWING RIGHTS
These rights may only apply in certain circumstances and are also subject to exceptions under Data Protection Law. For example, Element may not be able to satisfy a request: where to do so would disclose personal data of another person, where information is related to a potential legal claim or is subject to legal privilege, or where information may not be disclosed or deleted in accordance with applicable law.
CONTACT US
Personal information requests, issues or complaints about Element’s compliance with this Notice regarding the handling of personal data, and questions or comments about this Notice may be addressed to:
VP, Legal and Corporate Operations ([email protected])
An individual always has the right to lodge a complaint with the Data Protection Commission (https://www.dataprotection.ie/). However, we always recommend that you contact us first so that we may attempt to resolve any issues you may have.
For additional information on the why GDPR applies to how we process personal data, please view our FAQs.
Last updated [February 12, 2025]