1.2 All your Personal Data shall be held and used in accordance with Data Protection Laws (which include: (i) the Data Protection Act 1998, until the effective date of its repeal (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK, and (iii) any successor legislation to the Data Protection Act 1998 and the GDPR, in particular the Data Protection Bill 2017-2019, once it becomes law) and any legislation that replaces it in whole or in part and any other legislation relating to the protection of Personal Data (as defined below).
1.4 The Company ensures on an ongoing basis that all of its suppliers and third parties operate in compliance with GDPR.
2.1 The Company is the controller and responsible for your personally identifiable information (Personal Data) as listed in clause 3 below.
2.3 Personal Information We Collect
The Company aims to collect the minimum data it needs to perform its role. We collect information from you when you voluntarily submit it to us and when you use the Site and Service. The information we may collect on our Users includes:
a) Identity Data includes first name, last name or similar identifier, marital status, title, date of birth, gender, username, passwords;
b) Contact Data includes email address, delivery address and telephone numbers;
c) Transaction Data includes details about payments between other Users and to the Company;
d) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
e) Financial Data includes bank account, payment card details and PayPal account;
We use automated technologies and interactions to collect data from and about you. With regards to each of your visits to our Site we may automatically collect the following information (Automated Data):
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Site; –
- Usage Data includes information about how you use our Site, products and services; –
- Site Specific Information includes information about your visit to our Site including:
- the full Uniform Resource Locators (URL) clickstream to, through and from our Site (including date and time);
- Products other pages you viewed or searched for;
- page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- We collect technical data through analytics providers, advertising networks and search information providers. A list of these third parties can be provided to you on request.
- Where you create an account with us we will hold your user name and password details in the legitimate interests of keeping your account secure. Where you are provided with the option to log-in using a social network, for example through Facebook sign- in, we will not be provided with your password or other account login details for those accounts.
2.4 Other information we collect and store includes:
a) information regarding any blocked or banned relationships associated with your account in the legitimate interests of enforcing our Terms of Service and managing user preferences regarding who they wish to communicate with on our Service.
b) where you give us consent, information about your location, sometimes together with other personal information. For example, this can include allowing you to search for items that are for sale in your local area. If you change your mind about allowing us to use information about your location in the future, you can update your preferences in your device settings.
c) We keep records of the products you buy, sell or return through the Service and the payment method you use for the transaction but do not collect your bank or credit card details.
d) We also store information regarding any blocked or banned relationships associated with your account in the legitimate interests of enforcing our Terms of Service and managing user preferences regarding who they wish to communicate with on our Service.
e) We shall not request from you any personal information, which is deemed sensitive data, including without limitation, information regarding religious or other beliefs, physical and mental health details, sexual life, racial or ethnic origin, trade union membership and/or offences, and we ask users of the Service not to supply us or any other user with any sensitive personal information, given the nature of the Service and that user profiles and comments are visible by other users. Where you do provide sensitive personal information to us on the Service you hereby confirm that you are deliberately making this information public of your own volition and accept that we may request that you remove such data from the Service.
2.5 How We Collect Your Information
You may give us information about you:
a) when you use our Site and the Services;
b) when you proceed with Member Registration and create a Buggy Park user account;
c) when you sell or purchase an Item on Buggy Park;
d) from social media platforms including LinkedIn, Twitter, Instagram and Facebook;
e) by corresponding with us by phone, e-mail, mail or otherwise; and
f) when you leave comments and feedback on the Site.
We work closely with third parties (including, for example, business partners, sub-contractors in technical and payment services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. A list of these third parties can be provided to you on request.
2.6 Information available to other users through the Service
The Service is designed to help you interact with other users of the Service. As a result of this some of the information generated through the Service is shared with other users of the Service as described below.
When you create an account on the Service a user profile will be generated for you that makes the following information publicly available: user name, name, country and city location, details about the items you are selling and items you have previously sold, seller review. If you add any of the following information to your profile this will also be made publicly available: profile picture and profile description.
When you list an item for sale on the Service information you add to the listing will be made publicly available such as the item photograph, price, item description, accepted payment method and delivery options. Any comments or likes other users add to your item listing will also be made publicly available as well as any reply comments or images you post.
2.7 Information about your activity on the Service
Some of your activities on the Services are public by default. These activities are when you follow a user, or a user follows you, when you comment on or like an item, when you list an item for sale, when your item is sold, or when you purchase an item.
2.8 Disclosure of your Information
We may share your personal information with the following parties:
- Service providers – third parties who provide a service to us. These third parties will only be allowed to use your personal information in accordance with our instructions and will be required to keep your information secure. In particular, we may share the personal information you provide to us with:
- shipping providers – where you have chosen to use their services in relation to any items you sell;
- identity verification service providers – in order to verify your access to the Service and prevent fraudulent activity on your account;
- moderators who monitor our Service – to ensure our Terms of Service are being adhered to that no criminal activity is taking place using our Service;
- third party payment providers – for the purposes of processing any sales transactions you have consented to; and
- Site or Service analytics providers.
- Law enforcement, regulators and other parties for legal reasons – third parties who we are under a legal obligation to disclose your personal information to or who we need to disclose your personal information to protect our rights, property or safety or the rights, property or safety of others, detect and investigate illegal activities and breaches of any agreement we have with you.
- Buyers of our business – buyers of Buggy Park or any of its assets may have your personal information disclosed or transferred to them as part of the sale.
- We will not sell or rent your personal information to a third party for marketing purposes without your consent.
3. Transfers of Personal Data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted through our Service; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
3.1 The Legal Basis for Processing your Information
The Company will only process Personal Data where there is a lawful basis as per Data Protection Laws. This lawful basis shall be one or more of the following:
- Express consent from you;
- In order to perform and/or complete a contract with a third party;
- To comply with a legal obligation;
- To protect your vital interest;
- It is in the public interest; and
- There is a legitimate interest.
- Legitimate interests are a flexible basis upon which the law permits the processing of an individual’s Personal Data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Manager. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest.
- Unless we specifically state below that we are relying on your consent, our legitimate interests or a legal obligation to process your personal information, the lawful basis we are relying on to process your personal information is to perform a contract with you. We will only rely on legitimate interests to process your personal information where your interests and fundamental rights do not override our interests.
3.2 Where We Store Your Information
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our Site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
3.3 Your Legal Rights
When reading this notice, it might be helpful to understand that your rights arising under Data Protection Laws include:
- The right to be informed of how your Personal Data is used (through this notice);
- The right to access any Personal Data held about you;
- The right to withdraw consent at any time, by emailing firstname.lastname@example.org;
- The right to rectify any inaccurate or incomplete Personal Data held about you;
- The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy, or where you have withdrawn consent;
- The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
- The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.
- You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
- Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.
- To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the “Contacting us” section below. We may need to request specific information from you when you exercise your rights to confirm your identity and to speed up our response. We may not be able to fulfil your request if we are not able to identify you.
4. Data Security
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
4.1 Data Accuracy
The Company shall ensure that all Personal Data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of Personal Data at the request of a data subject, as set out in clause 11, above.
The accuracy of Personal Data shall be checked when it is collected and at regular intervals thereafter. If any Personal Data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
4.2 Data Retention
The Company will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
If you have an account with us your Personal Information will be kept by us for as long as your account remains active. If you deactivate your account your personal information will be kept for a reasonable period of time after this so that we can complete any activities already initiated or where we have a need to retain your personal information for legal or technical reasons (including back-up systems) for example to retain proof of transactions for the enforcement of our rights, and to enable the other party to a transaction to access records of past purchases or sales. Following this period we will either delete the information or change it to a form that does not identify you.
- We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising.
- We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you.
- You will receive marketing communications from us if you choose to opt-in via our Website or other similar electronic or paper notices concerning the same.
- If you do not want us to contact you by email, you can change your email marketing preferences by emailing us at firstname.lastname@example.org and letting us know that you do not want to receive marketing emails from us. You can also unsubscribe from our marketing emails by clicking on the unsubscribe link in the emails we send to you.
- Where we state above that we use your information to send you marketing communications, we may do so on the basis it is in our legitimate interests (where you are an account holder and we are informing you about our products and services), where we provide you with an opt-out option, or because you have consented to receiving such marketing communications from us. We will only send you marketing communications in accordance with your marketing preferences.
Similar to other commercial websites, our Website uses a technology called “cookies” and web server logs to collect information about how our Website is used. Cookies are small text files that are placed on your computer’s hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser),or may remain on your computer until you delete them or until a defined period of time has passed.
- to allow essential parts of our web site to operate for you.
- to operate our content management system.
- to operate the online notification form – the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
- to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
- to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
- to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
- to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for a period of time after which it will delete automatically.
- to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for a period of time after which it will delete automatically.
- to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.
4.5 Links to third party sites
The Service may, from time to time, contain links to and from third party websites of our partner networks, advertisers, partner merchants, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies.
5. Access to Information
Data Protection Laws gives you the right to access information held about you. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
5.1 If you fail to provide us with Personal Data
The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfill our obligations to you. If you choose not to provide the Personal Data requested, we will not be able to enter into a contract with you to provide the benefits we offer. If we are already processing your Personal Data under a contract, you must end our contractual relationship (as/where permitted) in order to exercise some of your rights.
5.2 Your Duty to Provide us with Accurate Data
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
6. Changes to this policy
6.1 Contacting us