AvantiGas Limited

Customer Privacy Notice

AvantiGas is committed to your privacy and the protection of your personal data, two principles protected by the Charter of Fundamental Human Rights of the European Union.  AvantiGas is a subsidiary affiliate of UGI International.  UGI International’s European Economic Area (“EEA”), Swiss and UK affiliates, including AvantiGas, are collectively referred to in this Privacy Notice as “UGI.”  We collects and processes your Personal Data that is provided by you, as our customer, previous customer or prospective customer, or generated by you in your use of our services and purchase of our products. This Privacy Notice is provided to you in accordance with applicable privacy laws including, but not limited to, laws implementing the General Data Protection Regulation 2016/679 (GDPR) (together the “Data Privacy Laws”). It applies only to residents in the EEA, Switzerland and the UK who use our services or wish to do so and it explains what Personal Data (as defined in the Data Privacy Laws) you provide to us and how we use your Personal Data to provide our services and products to you. This Privacy Notice is not applicable to customers, previous customers or prospective customers in any other territory other than in the EEA, Switzerland and the UK. 

AvantiGas is likely to be a data controller under applicable Data Privacy Laws in relation to your Personal Data. A data controller determines the purposes and means of processing your Personal Data and implements appropriate technical and organizational measures to ensure that the processing is undertaken in compliance with applicable law.  We include in this Privacy Notice a summary of your rights to control how we use your Personal Data. AvantiGas is a service provider to our customers and, therefore, we aim to put you, the customer, in control of how your Personal Data is used by us. This Privacy Notice may be updated from time to time. Your continued use of our services and/or purchase of our products indicate your acknowledgment of the updated Privacy Notice applicable at that time.

Your Personal Data

Your Personal Data includes any information relating to you where you are identified or from which you are identifiable.  We may collect and process the following Personal Data: (i) your family and first names; (ii) your postal and email addresses (if provided by you); (iii) your delivery address and GPS coordinates; (iv) your date and place of birth; (v) your land and/or cell/mobile phone numbers; (vi) your customer code; (vii) identifiers; and/or (viii) your bank details.

We collect various types of Personal Data from different sources, including: (i) account information you provide to us when you open and modify your account; (ii) information you provide directly to us when you register to use our website; (iii) information you provide to us to obtain services or products provided by us; (iv) information we collect about your use of our services, purchase of our products and provided by you in emails or telephone calls to us or from third parties authorized by us; and (v) information we collect to process payments online.

Some of the Personal Data you provide to us may include health information or other sensitive or special categories of Personal Data. If you provide this information to us we will only use it if relevant to your engagement with us (e.g. in the manner of our communications with you, or as needed to provide the services or respond to your inquiry or request).  

In addition, we may combine your Personal Data collected at the time the contract is signed with other Personal Data that we or third parties legally collect about you such as in particular our communications by email, telephone or otherwise or recordings made during our telephone communications. Where we record calls (as notified to you at the start of such recorded calls), these calls will contain your Personal Data and we retain the recordings of those calls in accordance with our retention periods (see below in this Notice). All your Personal Data, collected directly or indirectly, will be processed and protected in accordance with this Privacy Notice.

We collect some Personal Data with your consent, as follows:

• Marketing purposes, subscription to receive our commercial or promotional information, home visits, your participation or enrollment to a fair or event;
• Your use of our websites, notably when creating or managing your client account;
• Our communications, in particular with client service or delivery service;
• Monitoring the quality of our service, notably recordings of our telephone conversations;
• Managing our loyalty programs;
• Recording your statements of deposit of our LPG cylinders/tanks;
• Participation in competitions, contests or surveys; and/or
• ​Undertaking surveys by specialized service providers.

We do not request and, so far as we are aware, collect Personal Data regarding minors under the age of 16.

Why do we collect your Personal Data?

We collect and process your Personal Data to conduct our business in order to ensure you receive quality services. We only collect Personal Data that is adequate, pertinent and limited to what is necessary in light of the purposes for which it is processed.

The legal basis for collecting and processing your Personal Data is to carry out all pre-contractual and contractual steps and perform the energy supply contract between you and AvantiGas (“Contract”). We also collect your Personal Data in order to comply with our legal, regulatory and contractual obligations, and also to defend and establish our interests, in particular legal claims and other disputes with customers and/or with third parties.

For the purposes of this Notice pre-contractual steps mean any action undertaken by us during the presentation of our service and product offerings that may require collecting Personal Data in order to meet your expectations.

Providing Personal Data is necessary to enter into and perform the Contract. If your Personal Data is not provided, we will not be able to satisfy your requests or provide you with the requested products and services.

More specifically, we use your Personal Data for the following reasons:

• Perform our obligations to provide products and services and set forth in the Contract;
• Enable payment processing transactions;
• Offer you services that meet your needs;
• Send you commercial and advertising information, based on your preferences and with your consent;
• Develop effective and innovative products;
• Undertake analyses and develop statistics to adapt our commercial and logistical activities;
• Facilitate order fulfillment, including route planning and demand forecasts;
• Comply with our legal and regulatory obligations and requirements;
• Manage any litigation with you or with a third party in which your Personal Data is involved;
• Utilize customer segmentation to support the development of more tailored communications, service and/or offers to customers; and
• Perform our obligations to you.

What we do with your Personal Data

All the Personal Data we collect from you or generated by you is used to provide the services.  Our lawful processing ground is, therefore, to perform our Contract to you and/or to take pre-contractual steps to do so.

We also process your Personal Data in our legitimate interests or those of a third party, which include our requirements to use your Personal Data in litigation or for other legal purposes involving us and/or any of our affiliates and may also include the need to transfer your Personal Data to third countries without adequate data protection laws, such as the United States where our ultimate parent company is located. In this event, we will take appropriate steps to protect your Personal Data as required by the Data Privacy Laws.  We will safeguard the privacy and security of special categories of Personal Data as required under Data Privacy Laws.

You may also consent to us using your Personal Data as described above in this Notice. We will not use your Personal Data for any additional purposes without your consent. You have the right to tell us that you do not want to be contacted by us for any additional purposes any time after you initially provide your consent.   

We are also permitted to process your Personal Data to comply with our legal and regulatory obligations and/or our contractual obligations to you to provide the services to you, to manage your account with us and to manage any technical issues or support requests that may arise.

Some of your Personal Data is processed by us in the United States and is held on servers in the United States. By using our services, you expressly acknowledge and agree to the transfer of some of your Personal Data to the United States, which may have a lower standard of data privacy laws in your country of residence. Our security measures are described below in this Privacy Notice.

Your Personal Data may be shared with the following recipients, if sharing is necessary to achieve the purpose of the collection and Processing of your Personal Data:

• Internal recipients: our client service centers and logistics offices; our financial, legal and marketing departments; the marketing departments of our subsidiaries; and the legal and internal control functions of our affiliates, including our parent company, that may be in third countries which are bound to comply with applicable data privacy requirements.

• Third party recipients engaged by us to fulfill the Contract or to enable us to provide the services and products to our customers, our external advisors and auditors, our  counterparties (where relevant) and service providers engaged by us; Third party recipients include: transporters; inspectors and persons responsible for maintenance of technical installations; call centers; event organizers, public relations, advertising and marketing agencies; partner platforms; lead generators; printers, document management and hardcopy or online archiving providers; studies or statistical analysis providers; providers of third party application maintenance, software services and storage; banks; and, in the event of a dispute, investigators, legal advisors, collection agencies, court bailiffs, attorneys and notaries and parties to the dispute.

We do not allow any other third parties to have access to your Personal Data, except as required or permitted by applicable laws or in accordance with our privacy policies. We may disclose your Personal Data to our subcontractors, agents, or payment service providers (who may be located in the United States or outside of the EEA) that we contract with to assist us in providing the services, provided that any such subcontractors or agents shall agree in writing to comply with the privacy and security standards described in this Privacy Notice.  In all circumstances, the transfer of your Personal Data will be covered by standard contractual clauses of the European Commission entered into by the entities concerned

(http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004D0915)(http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087).

There may be instances when we disclose your Personal Data to other parties in order to: (i) comply with the law or respond to compulsory legal process (such as a search warrant or court order) or request for information from a regulator or otherwise for legal purposes; (ii) verify or enforce compliance with the policies governing the services; or (iii) protect the rights, property or safety of us, or any of our affiliates, business partners, or customers or otherwise in our and/or our affiliates’ legitimate business interests and in accordance with Data Privacy Laws.

We may share your Personal Data with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of our business to that business entity.

In any instance where we need to share your Personal Data with third parties, we will restrict the nature and categories of Personal Data to that which is required to comply with our contractual obligations to you or our legal and/or regulatory requirements. We may de-identify your Personal Data to protect your privacy.

How we protect your Personal Data 

We take steps to ensure the protection of your Personal Data as from the design of our products, services, sites and applications. Transfers of your bank data are encrypted by the Secure Socket Layer (SSL) protocol. Our employees are aware of the restrictions on processing of Personal Data and periodically undertake data privacy training and comply with internal compliance policies in accordance with applicable European and national regulations.

We understand that storing data in a secure manner is essential. Accordingly, we store Personal Data and other data using appropriate physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification. Although we make good faith efforts to store the information we collect in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we work to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.

We deal with third parties that respect privacy rights and we limit their access to only that Personal Data necessary to carry out their responsibilities. Information exchanges are carried out by secure protocols. In order to ensure a high level of security for your Personal Data, our sub-contractors are subject to controls and audits as required by Data Privacy Laws.

How long we keep it

We retain your personal data relating to the use of our services for the duration of the customer relationship and for the country-specific legally required period plus one additional year after the customer account is closed for legal, regulatory, audit and tax requirements. After this period has expired, the Personal Data relating to your account and your use of the services will be deleted or de-identified in accordance with the Data Privacy Laws.  Any Personal Data which you have provided to us for marketing purposes will be kept until you notify us that you no longer wish to receive this information. 

Notification of other services and products

We would like to use your name and email address to inform you of our future or related services, offers and similar products. If you provide us with your consent to receive marketing communications, we will offer the right to unsubscribe in each electronic communication. This information is not shared with third parties and you can unsubscribe at any time via email.

What are your rights?

You have a number of additional rights relating to your Personal Data under the Data Privacy Laws. Subject to certain conditions in accordance with the Data Privacy Laws, you may request: (i) access to your Personal Data; (ii) rectification of your existing Personal Data; (iii) erasure of your Personal Data, subject to other regulatory or contractual obligations; (iv) porting of your Personal Data (the right to portability allows you to obtain some of your data in an open, machine-readable format) where the data is processed on the ground of consent and by automated means; (v) objection to processing your Personal Data; or (vi) restriction of processing your Personal Data in order to verify its accuracy, object to its erasure or exercise or defend your legal rights.

If you exercise your right to request that we delete your Personal Data or restrict the processing of your Personal Data, you should be aware that this will compromise our ability to provide you with the services and products.

If you wish to raise a complaint on how we have handled your Personal Data, you can contact our Data Protection Officer whose details can be provided to you on request or you may send an email to privacy@ugiintl.com.  Our Data Protection Officer will investigate the matter and respond to you promptly or the supervisory authority in your country of residence.

If you have any questions about this Privacy Notice or about our handling of your Personal Data, please contact privacy@ugiintl.com.