Scope of this Policy
Who processes Personal Information?
D3R acts as a data processor for the Service; It will therefore have access to all Personal Information required to facilitate the Service in accordance with the Terms and Conditions of Use. D3R is a registered company in England & Wales. Company Reg No: 5746888. Registered address: D3R Ltd, Friars House, 52a East Street, Chichester, PO19 1JG.
Personal Information collected in connection with the distribution of products, services and software
In order to provide the Service, LAMB requires Subscribers to provide minimal details. The amount and type of information that LAMB gathers depends on the nature of the interaction. For example, we ask Subscribers who sign up to the Service to provide an email address and postcode and for those who seek an auto-switch service for the supply of energy to submit information about their current energy supply and usage.
Where subscribers choose to sign up to the auto-switch service, those Subscribers will be asked to provide us (or any of LAMB’s partners) further details such as name, address and direct debit details.
The Service allows Subscribers to submit additional Personal Information to the Service for the purpose of sharing it with Suppliers. In order for a Subscriber to select a Supplier by using the Service, Subscribers are required to complete a customer application form, in which the Subscriber is required to provide further Personal Information (“Customer Application”). The completed Customer Application will be sent by LAMB (or its partners) to the service’s chosen Supplier.
LAMB uses Personal Information provided by Subscribers for the purpose of communicating with the Subscriber, including for the purpose of making a Subscriber aware of campaigns and offers offered through the website and for the purpose of administering, delivering, improving and personalising the Service.
Except in relation to certain selected partner websites, LAMB will not permit your Personal Information to be used for direct marketing purposes (but this shall not prevent use of the Personal Information in relation to the administration of the service, or to provide technical and other support to you in relation to the Service).
Where Subscribers are referred by 38 Degrees and have become Subscribers because of a referral from 38 Degrees then they are agreeing to have their Personal Information shared back with 38 Degrees.
LAMB does not share Personal Information obtained from its Subscribers with any third parties (other than partners of LAMB in connection with the Service and with The Big Deal – the parent company of LAMB) except where you have given your consent, by completing the Customer Application (or as prompted by the Service from time to time), or to assist you to share your Personal Information with other Subscribers.
Other forms in which Personal Information may be used
We may disclose Personal Information to third parties if we believe that such disclosure is reasonably necessary to enforce or apply the Terms and Conditions of Use that a Subscriber accepted in relation to the Service or to protect the rights, property, safety and integrity of LAMB or the Services, or otherwise as provided by law or required by any court of competent jurisdiction or any regulatory authority acting under statutory powers.
There may be limited circumstances in which LAMB may be required to disclose Personal Information to unrelated third parties:
– There may be times when Personal Information must be disclosed in response to the following: (1) where necessary to satisfy a legitimate government request or direction or in response to a court order including for law enforcement, investigation and national security purposes or in connection with legal proceedings; (2) in response to a third-party subpoena, if on legal advice such response is required; or (3) if necessary to defend LAMB, or its partners or other Subscribers (for example, in a lawsuit).
– If you request a specific service or product, and if that product or service is administered by a third party who is working for or in partnership with LAMB, your Personal Information may be shared with the third party in order to respond to the request. The third party in question may also transmit back to LAMB any new information obtained from you in connection with providing the service or product.
LAMB will fully co-operate with law enforcement, investigation and security agencies and regulators to identify anyone who uses its Service or software for illegal activities. LAMB reserves the right to report to law enforcement, investigation and security agencies and to regulators any activities that are believed to be unlawful.
Other third parties that may have access to Personal Information
Storage, security and retention of Personal Information
Personal Information that LAMB collects is stored on its servers or the servers of its partners (which may be located outside the EEA). We ensure our partners implement and maintain adequate security measures to protect such information stored on our servers and seek to comply with all local rules in respect of storage of data. LAMB also strives to collect no more Personal Information from end-users than is required for the purpose for which it is collected. This, in turn, helps reduce the total risk of harm should data loss or a breach in security occur.
Notification in the event of breach
In the unlikely event of a breach in the security of Personal Information, LAMB may decide to notify any Subscribers who are actually or potentially affected. LAMB may elect to give notice via in-product messaging systems or via email (if such data is available to LAMB). Notice of data breach may also be given via publication on company website or on the product portals. Subject to applicable legal and regulatory requirements, LAMB reserves the right to decide whether or not to give notice of a data breach to Subscribers, and which Subscribers should be notified, and reserves the right to delay notification if it is asked to do so by law enforcement or other authorities, or if LAMB believes that giving notice will increase the risk of harm to its Subscribers.
Data on children
Persons under the age of 16 should not transfer Personal Information to us unless they have the consent of their parent(s) or guardian(s). We do not knowingly collect, nor do we want to receive, personal information about individuals who are under 13 years of age.
Contacting LAMB about privacy questions or concerns
If you contact LAMB by e-mail or letter, we may keep a record of your correspondence or comments. We may ask for your name, e-mail address and contact information in order to send you a reply.
Changes to your Personal Information and unsubscribing from the Service
You may change the Personal Information that LAMB retains about you by accessing the Service and following the instructions. Where any information you have provided to LAMB has been shared with a third party or Supplier as part of the provision of the Service and you wish to update such information, you are responsible for notifying the relevant Supplier of such updates.
You may cancel the Service based on the terms set out in the Terms & Conditions. When you cancel the Service (or when it is otherwise terminated) we will permanently and irretrievably delete all Personal Information we hold on your behalf, save that:
(1) copies of your Personal Information may remain stored for limited periods of time on back-up media which shall be cleansed from time to time;
(2) if you have elected to share your details with other users, some of your details (your name, telephone numbers and email address), as current immediately before you left the Service, will continue to remain available to such users on their devices and under their sole control;
(3) LAMB reserves the right to retain records of your Personal Information if we reasonably require to maintain such records for legal purposes including to comply with our legal or regulatory duties, to investigate and respond to complaints (including from other Users), to enforce our Terms and Conditions or to defend ourselves against any claim or legal threat or allegations, or if we require to retain such data for other legitimate reasons; and
(4) LAMB shall be entitled to retain any data in non-Personal Information form which may have been extracted or obtained from your Personal Information including any aggregated, anonymised or otherwise de-personalised data.