Following the GDPR regulations that are being implemented in May 2018,
The aim of this policy is to provide you with information about the following:
• What information we collect from you and why;
• How we use this information; and
• How you can access and manage your information.
This policy applies to anyone who uses the websites of, or who buys or uses any of the services provided by, Lee Fletcher Funeral Services Ltd. When we refer to “we” or “our” or “LFFS” we are referring to Lee Fletcher Funeral Services Ltd.
We collect information about you when you buy from us or use any of our services. We may share this information between us so we can provide the services you order and manage your account.
INFORMATION WE COLLECT
1.) Information you give us
When you place an order with us for anything your purchase from us we will need certain information to process your order. This may be information such as your name, private/business postal address, telephone or mobile number, email address, information to help us identify you and to provide a service to you. We may ask for other information that relates to the service you are using or items you are ordering.
When you contact us to discuss your services, we may ask for certain information to be able to confirm your identity, check our records and answer your questions quickly and accurately.
If you complete any survey we may ask for information about you, which we will make clear to you at the time and for the purpose we will be using this information.
2.) Information we automatically collect
We will automatically collect information:
• when you visit our websites, we may collect and process information about your usage of these by using “cookies” and other similar technologies (see Cookies section below) to help us make improvements to the websites and to the services we make available. We may use this information to provide you with location-based services, such as search results, and other personalised content. Most browsers and devices allow you to turn off location services. Our website does not collect precise information about the location of your device you are using.
3.) Information we receive from other sources.
We may receive personal information about you from third parties, such as companies contracted by us to provide services to you, other telecommunications operators, marketing organisations, and credit reference agencies (CRAs) or fraud prevention agencies (FPAs)
HOW WE USE INFORMATION
The information we collect helps us to better understand what you need from us and to improve the provision of our services to you.
We use the information collected for example to:
• verify your identity when you use our services or contact us;
• process your enquiries or orders, for example when assessing a part you require, we may use internal systems to check historical orders and provide you with the correct information.
• monitor, record, store conversations, e-mail or other electronic communications with you for training purposes, so that we can check any instructions given to us and to improve the quality of our customer service, and in order to meet our legal and regulatory obligations;
• tell you about changes to our website, services or terms and conditions;
• carry out any marketing analysis, or profiling to create statistical or testing information to help us personalise the services we offer you and to understand what our customers want;
• recover any monies you may owe to us for using our services;
• analyse our services with the aim of improving them;
We will only share your information with organisations outside Lee Fletcher Funeral Services Ltd:
• involved in the running or managing of your accounts or providing services to you for us (e.g. customer support, or a courier company if you have asked us to send something to you);
• to help us improve the services we are providing and well as supporting that service;
• as part of current or future legal proceedings;
• in response to properly made requests from law enforcement agencies for the prevention and detection of a crime, for the purpose of safeguarding national security or when the law requires us to, such as in response to a court order or other lawful demand or powers contained in legislation; or
• in response to properly made requests from regulatory bodies such as the Information Commissioners Office and Ofcom, for example where you contact Ofcom asking them to investigate a complaint in respect of the provision of our services to you, they may request information from us to enable them to investigate and make a decision in respect of this matter. We will need to provide them with the relevant information we hold relating to your account.
Where we share your information with third parties who help us provide the services they are required to follow our express instructions in respect of the use of your personal information and they must comply with the requirements of the Data Protection Act 1998 or any other relevant legislation to protect your information and keep it secure.
From time to time these other people and organisations may be outside the European Economic Area in countries that do not always have the same standard of data protection laws as the UK. However, we will have a contract in place to ensure that your information is adequately protected and we will remain bound by our obligations under the GDPR 2018 even when your personal information is processed outside the European Economic Area.
HOW LONG DO WE HOLD YOUR INFORMATION
The time period for which we keep information varies according to what the information is used for. Unless there is a specific legal requirement for us to keep information, we will keep your information for as long as it is relevant and useful for the purpose for which it was collected (and which you agreed to).
For example, when you contact us we may monitor and record your communications with us to use this information for training and quality purposes, and to meet our legal and regulatory requirements.
We will continue to hold information about you if you do not become our customer, or after you have closed your account or terminated your services with us. We will only hold such information for such periods as is necessary for the purpose of dealing with enquiries, complying with any legal obligation and for crime and fraud prevention and detection.
The law requires us to keep certain information about how you use our services for a period of 12 months. This information may be used by certain law enforcement agencies to prevent and detect crime and to protect national security. We will only disclose this information to them when we are legally required to.
ACCESSING YOUR INFORMATION
The GDPR 2018 entitles you find out what information we hold about you. If you want to find out what information we hold you will need to submit a request in writing to c/o Mr Lee Fletcher, Lee Fletcher Funeral Services Ltd, 95 High Street, Cosham, Portsmouth, Hampshire, PO6 3AZ with a cheque for £10 (to cover our costs of processing the information) made payable to Lee Fletcher Funeral Services Ltd. We may ask you to provide us with proof of your identity to make sure we are giving your information to the right person.
To help us process your request you will need to provide the following information:
• account number(s);
• telephone number(s);
If any of your information is incorrect or your personal details have changed you can either:
• notify us in writing, and we will update your details; or
• update your details within your online account.
SENSITIVE PERSONAL DATA
You may want to make us aware of certain special information about you, such as information relating to your health or medical circumstances, so that we can use this information to improve your services. We need your consent to hold this data about you and to use it for your services with us. You can give your consent to us whenever you speak to us.
We use this information to help us tailor our service to your needs. You can withdraw your consent for us to hold and use these special types of information at any time, but if you do this may impact your service.
All of our premises record data to prevent crime, protect our premises and members of staff. Data collected is stored for 30 days. ‘Any person whose image is recorded can request “a right to seek” with a copy of their own personal data.
We follow the guidance set by the ICO’s code of practice.
You can request Subject Access request (SAR) you will need to submit a request in writing to c/o Mr Lee Fletcher, Lee Fletcher Funeral Services Ltd, 95 High Street, Cosham, Portsmouth, Hampshire, PO6 3AZ with a cheque for £10 (to cover our costs of processing the information) made payable to Lee Fletcher Funeral Services Ltd. We may ask you to provide us with proof of your identity to make sure we are giving your information to the right person.
A copy of the ICO code of practice for surveillance cameras and personal information is available on request or details of the ICO website are as follows ico.org.uk. Complaints can be made in writing to Mr Lee Fletcher, Lee Fletcher Funeral Services, 95 High Street, Cosham, Hampshire, PO6 3AZ.
Where you have agreed to us contacting you, we will contact you with details of products and services that we believe you may be interested in. If you change your mind and do not want to us to send you marketing messages you can do this in a number of ways:
• writing to us at the contact details set out in the Contact Us section;
• calling our Enquiries phone number set out in the Contact Us section; or
• changing your cookie settings –see Cookies section below.
If you notify us in any of the above ways we will stop sending you the marketing messages that you don’t want, but we will still need to send you service related messages including changes to services or terms and conditions.
Most browsers automatically accept cookies. You can set your browser options so that you will not receive cookies and you can also delete existing cookies from your browser. However, you may find that some parts of the site will not function properly if you disable cookies
PROTECTING YOUR INFORMATION
We take protecting your data seriously and will do our utmost to employ appropriate organisational and technical security measures to protect you against unauthorised disclosure or processing. Unfortunately, we cannot guarantee the security of transmitting information via the internet. We have tried to create a secure and reliable website; however, we have no responsibility or liability for the security of personal information transmitted via the internet.
Please note that this policy will be reviewed and may change from time to time. The revised policy will be posted to this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it.
ESTIMATED CHARGES & PAYMENT TERMS
1. Acceptance of Estimated Charges
The person signing the arrangement form (“the client”) accepts the written estimate given at the time of the funeral arrangements and accepts personal responsibility for the account.
We will only be able to take instruction regarding the funeral, and the subsequent account from the client and no other person (unless specified by the client in a written and signed instruction)
2. Final Funeral Invoice
The client accepts that the final funeral invoice may vary slightly from the written estimate given at the time of the funeral arrangements if:
(a) The actual cost of the disbursements quoted is more than estimated (for example, church fees, obituary notices, etc)
(b) If the client instructs at a later date to include something not incorporated into the written estimate (for example, additional limousines, etc)
3. Payment of Funeral Invoice
(a) We respectfully ask that disbursements are paid in full prior to the funeral service, failure to settle these fees may result in the funeral service being postponed.
(b) Payment is required in full 28 days after the day of the funeral service being completed. However, if the estimated account is deemed to be excessive, we reserve the right to ask for part or whole payment prior to the funeral service.
(c) If payment is made in full prior to the funeral service a prompt payment discount of £50.00 will be applied.
(d) If you are having financial difficulties in paying the funeral invoice, please discuss this with us and we would be willing to consider a repayment option. We would ask that any repayment option set up with the company is settled within six months of the funeral being completed.
(e) If required, we will forward a copy of the funeral account to a solicitor, bank or the Department for Work and Pensions in respect of seeking payment, if payment is not forthcoming from either of the above organisations, we will refer back to the client for payment.
4. Debt Collection Procedure
If an account remains unpaid for over 28 days we will adopt the following procedure to attempt to recover costs.
(a) Three reminder letters will be sent at varying intervals, asking the client to make contact to discuss setting up a payment option if desired.
(b) We reserve the right to refer the matter to our debt collection agents which will incur additional costs. Any costs incurred to collect the debt will be added to the amount outstanding, plus VAT at the prevailing rate. By signing the arrangement form the client agrees that they will be legally liable to pay us that surcharge, and that the payment of the same can be enforced then in court. The client also agrees to pay interest at the relevant reference rate provided for under the ‘Late Payment of Commercial Debts (Interest) Act 1998’, which interest is payable both after and before any judgement of the court and continues to accrue.
(c) Please note all accounts beyond our credit terms will be passed to our debt collection agency, Sinclair, Goldberg Price Ltd. All accounts, without exception, will be subject to a surcharge of 15% plus VAT to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.
DATA PROTECTION – GDPR 2018
5. We respect the confidential nature of the information given to us during the course of the funeral arrangements and, where you provide us with personal data (“data”) we will ensure the data is held securely, in confidence and processed for the purpose of carrying out our services. In order to provide our services we may need to pass such data to third parties, who are performing some of the services for you, may contact you directly. Under the Act you have the right to know what data we hold on you and you can, by applying to us in writing and paying a fee, receive copies of that data.
The GDPR requires that personal data shall be:
Further reading in the GDPR
(a) processed lawfully, fairly and in a transparent manner in relation to individuals;
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals;
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
6. The client has the right to cancel this contract if they so wish within the cooling-off period of seven (7) days. This right may be exercised by the client providing a written Cancellation Notice (delivered by hand, registered post or electronic mail) to Mr Lee Fletcher at Lee Fletcher Funeral Services, 95 High Street, Cosham PO6 3AZ and must be received within the cooling-off period as stated above. In the event that you exercise the right to cancel this contract during the cooling-off period, you will be liable to pay in full for any and all goods and services already supplied.
6.1 RIGHT TO CANCEL (arrangements made within your own home only)
You have the right to cancel the contract if you so wish. This right can be exercised by sending or taking a cancellation notice to the Mr Lee Fletcher at any time within the period of 14 days starting on the day of making the funeral arrangements.The right to cancel can be lost during the cancellation period if the service is provided in full before the 14 days elapse. Where applicable, payments may be required to be made in respect of any services carried out or disbursements paid, once the performance of the contract has begun and prior to the cancellation notice being received.
STANDARD OF SERVICE & COMPLAINTS PROCEDURE
7. The Society of Allied and Independent Funeral Directors’ (“SAIF”) code of practice requires that we provide the client with a high standard of service. Copies of the SAIF code of practice is available for the client to take away.
8. Any person wishing to make a formal complaint is advised to do so as soon as possible, in writing for the attention of Mr Lee Fletcher at Lee Fletcher Funeral Services, 95 High Street, Cosham PO6 3AZ outlining all the details of the complaint.
9. Mr Fletcher will acknowledge the receipt of the complaint, in writing, as soon as possible and will investigate the complaint. He will obtain evidence where necessary and will provide a written response including, where appropriate, an apology and/or offer of compensation and/or other form of redress as soon as practically possible to the complainant.
10. If the client is dissatisfied with Mr Fletcher’s response, the following options and procedures, as outlined in the SAIF Code of Practice, the matter can be referred to either:
• The chairman of the society’s standards committee for investigation and an amicable resolution between parties; or
• The Independent Funeral Directors Arbitration Scheme, administered by the Chartered Institute of Funeral Directors. A completed signed application for arbitration is required for each case.
• All correspondence should be addressed to either the Standards Chairman or the Independent Funeral Directors Arbitration Scheme, as appropriate, at SAIF Business Centre, 3 Bullfields, Sawbridgeworth, Hertfordshire, CM21 9DB.
• The Independent Funeral Directors Arbitration scheme consists of two stages, conciliation and arbitration. The first stage, which consists of an informal process of conciliation, can be bypassed if one or both of the parties expressly opt to proceed directly with arbitration.
• If the parties do not settle the dispute within six weeks of the Conciliator’s appointment, the dispute may be referred to arbitration. If at any stage the Conciliator considers conciliation inappropriate the matter may be referred to arbitration under the rules of the scheme.
• The award of the Arbitrator will be generally final and legally binding on both parties. If however, either party considers the award is one that no reasonable arbitrator should have reached in the basis of the documents presented, any payment ordered should still be made, but they may write requesting that the matter be referred to review.
• An application for review by the appellant will only be considered if:
1/ The Institute receives within 21 days of the date that the award was dispatched to the parties by the institute.
2/ it is accompanied by a copy of the arbitrator’s award together with a statement setting out the reasons why the award is one that no reasonable arbitrator should have reached on the basis of the documents presented.
3/ A cheque accompanies it for the sum of £300, made payable to the “Chartered Institute of Arbitrators”. This is known as the “Review Fee”
• Once the review procedure has been completed, no further steps can be taken by any party under these rules. Any party considering the possibility of an appeal to the courts, if indeed such an appeal is legally possible, it is strongly advised to seek legal advice.
A complete copy of the Independent Funeral Directors Arbitration scheme rules is freely available from SAIF at the address referred to above.
11. Our staff will choose the route for the funeral vehicles based on experience and knowledge of the local area, unless otherwise stated by the client and approved by the
12. Our staff are entitled to work without fear of abuse, harassment, intimidation or violence. We will take action against anyone who behaves in this way. We will always
involve the police if the behaviour is criminal.
13. Our staff have the right to refuse to carry any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat to either the
chauffeur, the vehicle or any other passenger(s)
We accept no responsibility for and no liability to the client or any third party for the following:
14. Delays due to breakdown, traffic problems, road closures, adverse weather conditions, accident or any other unforeseeable circumstances.
15. If the funeral service is cancelled due, but not limited to, any of the following examples: Acts of terrorism, flood, fire, civil disturbance, riot, any Act of God. Also, any act, restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority.
16. Late arrival, loss, misplacing or mislabelling of any floral tributes or arrangements if arranged through a third-party.
17. Non-publication, misspelling or inaccuracy of any obituary notice.
18. Loss of any jewellery, clothing or personal effects of the deceased except where the loss is caused by wilful neglect or default by the company.