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Privacy Policy

The policy:

This privacy policy notice is for the processing of data by 5th Utility Ltd, Pear Tree Yard, Sandiacre, Nottingham, England, NG10 5DU and governs the privacy of those who use it. The purpose of this policy is to explain to you how we control, process, handle and protect your personal information while browsing or using this website, including your rights under current laws and regulations. If you do not agree to the following policy you may wish to cease viewing / using this website, and contact us with any questions using the email address below.

Policy key definitions:

“I”, “our”, “us”, “we” or “5u” refer to the business, 5th Utility Ltd, Pear Tree Yard, Town Street, Sandiacre, Nottingham, England, NG10 5DU.
“you”, “the user” refer to the person(s) using this website.
GDPR means General Data Protection Act.
DPA means Data Protection Act 2018
PECR means Privacy & Electronic Communications Regulation.
ICO means Information Commissioner’s Office.
Cookies mean small files stored on a users computer or device.

Processing of your personal data:

We are registered with the ICO under the Data Protection Register, our registration number is: ZA287416.

Under the GDPR (General Data Protection Regulation) we control and process any personal information about you using the following lawful bases.

Lawful basis: Consent
If we have your consent, we use this as the basis to email marketing material to new prospects.
We process your information in the following ways: We store your basic contact details, and use these to contact you with our marketing material
Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
Sharing your information: We do not share your information with third parties for any reason other than to process your data as described above. For example we use Microsoft Office 365 to Store your contact details. Microsoft is in this instance a 3rd party, and we endure that our use of 3rd parties complies with the GDPR and DPA.

Lawful basis: Contract
We use Contractual Obligation as the lawful basis to fulfil our obligations to our customers. For example, to be able to deliver a product to and address, we have to process the delivery address. We try to only use generic company information, but from time to time personal information is used. For example a customer may require delivery to a personal address.
We process your information in the following ways: Ongoing contact through the delivery of customer projects and customer support.
Data retention period: We shall continue to process your information as required until the contract between us ends or is terminated under any contract terms.
Sharing your information: We do share your personal information with third parties and they include:
Vendors; where a vendor requires specific contact information to fulfil the contract
Distributors; where shipping is made directly from them to our customers.
Support Partners; Where the technical support provided is delivered by a 3rd Party
Professional Service Companies; where we utilise the services of 3rd parties to deliver contracted services to our customers
Corporate services such as our bank, accountants and legal representatives. Under most scenarios no personal data is shared beyond contact information.

Lawful basis: Legal obligation
The reason we use this basis: To meet the obligations of the law. This is most frequently to ensure our staff get paid, and pay their taxes! However we will also meet any other legal obligations.
We process your information in the following ways: #
Data retention period: Where a legal obligation is the basis of our processing, we will only process the data for a long as we are obligated by law.
Sharing your information: We will only share your personal information as required by law. Third parties may include HMRC, ICO, Police, Health and Safety Executive.

Lawful basis: Vital interests
The reason we use this basis: The law allows us to share your information to protect your Vital Interest (life!) – so should the need arise, we will do just that.
Data retention period: We do not retain data specifically for this purpose.
Sharing your information: We do not share your information with third parties, unless required in order to protect those interests.

Lawful basis: Legitimate interests
We use legitimate interest at the lawful basis to process data to function commercially as would be reasonably expected. Where we use legitimate interest, we ensure we consider your rights, and any subsequent risk. To provide an example, we use legitimate interest as the lawful basis for backing up our data. The risk to the individual of this processing activity is minimal, and we have implemented steps such as data encryption to further reduce the risk.
Data retention period: We carefully consider the data retention of our data, to ensure data is kept for no longer than is necessary, however this will vary based on the purpose for the processing.
Sharing your information: We do share your personal information with third parties where necessary and they include; IT Services such as O365 (where the data is stored), Datto (The product that backs up our O365 data), .

Special category data
We do not process special categories of data.


– If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. –

– We shall stop processing your personal information if the lawful basis used is no longer relevant. –


Your individual rights
Under the GDPR your rights are as follows. You can read more about your rights in details here;

the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability;
the right to object; and
the right not to be subject to automated decision-making including profiling.
You also have the right to complain to the ICO [] if you feel there is a problem with the way we are handling your data.

We handle subject access requests in accordance with the GDPR.

Internet cookies
We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website.

Some cookies are required to enjoy and use the full functionality of this website.

We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.

Cookies that we use are;

[list of cookies used]

Data security and protection
We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.

Transparent Privacy Explanations
We have provided some further explanations about user privacy and the way we use this website to help promote a transparent and honest user privacy methodology.

Clickable affiliate links may be displayed as a website URL like this; or as a titled text link like this: Sophos.

Clicking on any links may track your actions by using a cookie saved to your device. You can read more about cookies on the ICO Website. Your actions are usually recorded as a referral from our website by this cookie.

If you have any concerns about this we suggest you do not click on any links found throughout the website, but instead navigate to the site using your preferred search engine.

Email marketing messages & subscription
Under the GDPR we use the consent lawful basis for anyone subscribing to our newsletter or marketing mailing list. We only collect certain data about you, as detailed in the “Processing of your personal date” above. Any email marketing messages we send are done so through an EMS, email marketing service provider. An EMS is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.

Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of data such as; times, dates, I.P addresses, opens, clicks, forwards, geographic and demographic data. Such data, within its limitations will show the activity each subscriber made for that email campaign.

Any email marketing messages we send are in accordance with the GDPR and the PECR. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences / the information we hold about you at any time. See any marketing messages for instructions on how to unsubscribe or manage your preferences, you can also unsubscribe from all lists, by sending an email to

We hold the following information about you in regards to your consent, enabling us to fulfil the requirements of privacy regulation;

Email address
Subscription time & date
Unsubscribe time & date

If you have any questions about our Privacy Policy, or would like to invoke your individual rights, please email or phone us, and ask to speak to the privacy office.

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