Auction Technology Group: Auctioneer Privacy Notice
This Notice only applies to our use of ‘personal data’ about ‘data subjects’ (as defined by data protection law) which includes personal data relating to our Auctioneers who are individuals, sole traders, non-limited partnerships and corporate contacts at limited companies (“you” or “your”). This Notice does not apply to information which you provide to us or which we collect about limited companies.
Any changes we may make to this Notice will be posted on our website and, where appropriate, notified to you in writing.
We will be the data controller of your personal data which you provide to us or which is collected by us about you. This means that we are responsible for deciding how we hold and use personal information about you and that we are required to notify you of the information contained in this Privacy Notice (“Notice”). It is important that you read this Notice, so that you are aware of how and why we are using such information and how we will treat it.
The information which you provide to us may include information about other individuals who are associated with the management of your business, the administration of your account with us or, if you are a limited company, corporate contacts within your business. If you provide us with information about such individuals, it is important that you provide them with a copy of this Notice prior to providing us with the information and that you provide them with any updated Notices we provide from time to time.
Our Data Protection Officer who is contactable at firstname.lastname@example.org, 0203 725 5500, 65 Southwark Street London SE1 0HR. You can also contact us using the details provided at the end of this Notice in the “Contacting Us” section.
LEGAL BASIS AND PURPOSE FOR PROCESSING
We will collect various types of personal information from you. Further details of how we use your personal data are set out below.
In the section below, we have indicated with asterisks whether we need to process your personal data:
- * to enter into and/or to perform a contract with you;
- ** to pursue our legitimate interests, provided that your interests and fundamental rights do not override those interests;
- *** to enable us to comply with our legal obligations; and/or
- **** with your consent.
HOW WE WILL USE YOUR INFORMATION
Onboarding You as an Auctioneer
If you choose to join us as an Auctioneer customer, we will need to collect the following additional information about you to allow us to complete the onboarding process** and to provide the services you have requested to you*:
- You name and business name
- You address, phone number and email address
- Brief details of your industry experience, qualifications and trade association memberships
- Certain other information about your business detailed in the application form
We will only use these details for the purposes of onboarding you as an Auctioneer and providing our services to you**.
Use of Our Services
When you use our online auction portal(s) to transact with Bidders, we will collect and store personal data regarding the transactions which you enter into through our services or otherwise When you choose to enter comments providing feedback on your transactions with Bidders, we will need to collect your name and business name. We will use this personal data, including sharing this personal data with other Auctioneers where appropriate, for the purposes of:
- ensuring the integrity and reputation of our services**;
- protecting Auctioneers and sellers from default**;
- ensuring those using our service conclude transactions properly**; and
- ensuring that Bidders do not abuse our services or the services offered by Auctioneers**.
When you Use our Auctioneer Platform
We will need to collect the following information from you when you use our Auctioneer Platform*:
- transaction completed using our Auctioneer Platform
- commissions charged on those transactions
Other uses of your information
We may also use your information in the following ways:
- to manage and provide any rewards and offers and administer any promotions, competitions and surveys**/****;
- to provide you with information about other services that we offer or which we feel may be of interest to you where permitted by law**/****;
- to investigate, detect and prevent fraud and any other crimes**/***; and
- to create statistics, analyses and profiles to develop and improve our services**.
We will not carry out any solely automated decision making using your personal data.
CHANGE OF PURPOSE
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will usually notify you and we will explain the legal basis which allows us to do so.
DISCLOSURE OF YOUR INFORMATION
We may share your data with the third parties set out below for the purposes described above:
- any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
- other Auctioneers, as described above;
- our payment processor;
- debt collection agencies;
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, requirement of our regulators, industry code, or in order to enforce or apply our Agreement for Online Auction Services;
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer;
- if we or substantially all of our assets are acquired by a third party, in which case personal data held by us will be one of the transferred assets; and
- to protect the rights, property or safety of us, our Auctioneers, Bidders and others.
Unless otherwise permitted by law, we will enter into agreements with such third parties to ensure that they respect the security of your data and use it only in accordance with data protection laws.
STORAGE OF YOUR PERSONAL DATA
We will only keep your personal data for as long as we need to in order to fulfil the relevant purpose(s) it was collected, as set out above in this Notice, and for as long as we are required to keep it for legal purposes. We will keep your personal data for [x].
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Notice, such as Microsoft enterprise tools to monitor the use of personal data and sure it cannot be sent to external parties without director level sign off. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via our website or otherwise. Any transmission is at your own risk.
DATA SUBJECTS’ RIGHTS
Data protection laws provide data subjects with the following rights, (subject to certain exemptions and conditions in some cases) to:
- request access to their personal information (commonly known as a “data subject access request”). This enables them to receive a copy of the personal information we hold about them and to check that we are lawfully processing it;
- request correction of the personal information that we hold about them. This enables them to have any incomplete or inaccurate information we hold about them corrected;
- request erasure of their personal information. This enables them to ask us to delete or remove personal information where there is no good reason for us continuing to process it. Data subjects also have the right to ask us to delete or remove their personal information where they have exercised their right to object to processing (see below);
- request the restriction of processing of their personal information. This enables them to ask us to suspend the processing of personal information about them, for example if they want us to establish its accuracy or the reason for processing it;
- request a copy of their personal information which they have provided to us, in a structured, commonly used and machine-readable format and the right to transfer it, or to require us to transfer it directly, to another controller; and
- complain to the supervisory authority, which in the United Kingdom is the Information Commissioner’s Office.
Data subjects also have the right to object to the processing of their personal information where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes them want to object to processing on this ground. They also have the right to object where we are processing their personal information for direct marketing purposes.
Data subjects will not have to pay a fee to access their personal information (or to exercise any of the other rights above). However, we may charge a reasonable fee if their request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from the data subject to help us confirm their identity and ensure their right to access the information (or to exercise any of their other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
If you have any queries, comments or requests regarding this Notice, or you would like to exercise any of your rights as a data subject set out above, you can contact us in the following ways:
- by email at email@example.com;
- by telephone at 0207 325 5500; or
- by post at Data Protection Officer, Auction Technology Group, 6th Floor Harlequin Building, 65 Southwark Street, LodnonSE1 0HR.
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