Thoroughbid Limited Website Privacy Notice
Last Updated 25 May 2021
1 Who we are and how to contact us
1.1 Thoroughbid Limited ("we" or "us") is a company registered in England and Wales under company number 12744662. Our registered office is at Ampney Knowle Farm, Barnsley, Cirencester, UK, England GL7 5ED .
1.2 You can contact us by phone on 01285 840 701, by email at info@thoroughbid.co.uk or by writing to us at Ampney Knowle Farm, Barnsley, Cirencester, GLOS. GL7 5ED.
2 What is the purpose of this document?
2.1 We provide services via an online platform that enable businesses in the equine industry to buy and sell horses by way of auction or private sale. For further information about the terms on which we make our services available, please see our terms and conditions for users at https://www.thoroughbid.co.uk/conditions] (our "User Terms and Conditions").
2.2 This privacy notice sets out the basis on which we collect any personal data relating to users, or prospective users, of our services (and their representatives) along with persons engaged by our users (such as veterinary practitioners) and all visitors to our website at www.thoroughbid.co.uk (our "site"). This privacy notice also sets out how that personal data will be processed by us. We are committed to protecting and respecting the privacy of our users and prospective users (and their representatives) along with persons engaged by our users (such as veterinary practitioners) and all visitors to our site.
2.3 This privacy notice applies to all of the following individuals ("you") in relation to whom we process personal data:
2.3.1 any user of our services, or prospective user of our services, who is a natural person (e.g. a sole trader);
2.3.2 any natural person who is a representative of a user of our services or a prospective user of our services, that is a legal entity (e.g. the director or an employee of a company that is a client of ours);
2.3.3 any natural person who is engaged by a user of our services (such as a veterinary practitioner) in order to assist that user with exercising one or more of their rights under our User Terms and Conditions. These include the rights of a user to request that a Lot be re-examined, request that a Lot be tested for prohibited substances or piroplasmosis; or to seek the cancellation of a sale on the basis that the user purchasing the Lot has a valid complaint; and
2.3.4 any visitors to our site (whether or not they have registered an account on our site) .
2.4 We are a "data controller". This means that we are responsible for deciding how we hold and use personal data about you and for explaining this clearly to you.
2.5 Please read this privacy notice carefully to understand what we do with your personal data and what rights you have in relation to the activities that we carry out using it.
2.6 Our site is not intended for children and we do not knowingly collect personal data relating to children.
3 Personal data and our lawful basis for processing
3.1 Personal data means any information relating to an individual from which that individual can be identified. It includes information that can be linked back to you (such as an online identifier e.g. an IP address) but does not include data where all personal identifiers have been removed (this is known as anonymous data). We will only use your personal data when the law allows us to. Our principal lawful basis for processing your personal data in relation to the various activities we carry out is set out in the table at section 6 below. However, some of our bases for processing will overlap and there may be several bases which justify a particular use by us of your personal data.
3.2 We may only rely on our legitimate interests (or those of a third party) to process your personal data provided that your interests and fundamental rights do not override those legitimate interests. Where we rely on our legitimate interests as our lawful basis for processing, we have set out the relevant interest in the table at section 6 below.
3.3 Generally, we do not rely on consent as a lawful basis for processing your personal data. However, you have the right to withdraw consent to marketing at any time by contacting us using the details at the top of this privacy notice.
3.4 We will only use your personal data for the original 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 one or more of the original purposes. If we need to use your personal data for an unrelated purpose, we will contact you and we will explain the lawful basis (or bases) which allows us to do so.
3.5 Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
3.6 Where we need to collect personal data by law, or under the terms of a contract we have with you or the business you represent, and you fail to provide the relevant personal data when requested, we may not be able to perform a contract that we have with you or the business you represent or are trying to enter into with you or them (for example, to deliver our online auction services). In such an event, we may have to suspend the provision of our services to you or the business you represent, but if this were ever the case we would inform you at the relevant time.
4 Data we collect about you
4.1 We may collect, use, store and transfer the different kinds of personal data about you which we have listed and grouped together as follows:
"Contact Data" includes contact address, email address and telephone numbers.
"Financial Data" includes bank account details and billing address.
"Identity Data" includes your name, date of birth, business, place of work, job title and profession.
"Marketing and Communications Data" includes your preferences in receiving marketing from us and your communication preferences.
"Profile Data" includes your username and password, your interests, and feedback responses.
"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 our site.
"Transaction Data" includes details about payments to and from you and details of the services you have purchased from us.
"Usage Data" includes information about how you use our site and the services that are made available via our site.
4.2 We also collect, use and share "Aggregated Data" such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
4.3 As part of our usual course of business, we do not collect any particularly sensitive information about you (known in data protection law as "special category personal data") e.g. information about your health or medical conditions, biometric data, your race or ethnicity, religious or political beliefs or information relating to criminal convictions. However, we will let you know if this changes.
5 How do we collect your personal data?
5.1 The methods we use to collect data from and about you include:
5.2 Direct interactions. You may give us your Contact Data, Identity Data, Marketing and Communications Data, Profile Data, Transaction Data and Usage Data when you:
5.2.1 register an account on our site in order to make use of our services;
5.2.2 make use of our services in any way, including by:
(a) taking part in an auction using our services;
(b) making a private offer for a horse using our services;
(c) communicating with us as part of the processes that take place where a horse is re-examined, tested for prohibited substances or piroplasmosis, or subject to a complaint that could give rise to the cancellation of the relevant sale;
5.2.3 request information about our services;
5.2.4 subscribe to our mailing list;
5.2.5 request a refund; or
5.2.6 give us feedback, make a complaint or contact us for any reason.
5.3 Indirect interactions. If you are a natural person who is engaged by a user of our services (such as a veterinary practitioner) to assist that user of our services with exercising one or more of their rights under our User Terms and Conditions as referred to at section 2.3.3 above, then we may receive your Contact Data or Identity Data when the relevant User provides us with information from you (such as a veterinary certificate signed by you).
5.4 Third parties or publicly available sources. We may receive Contact Data relating to you from the following third parties and public sources:
5.4.1 SmartSearch Limted, Worldpay LLC, Regent Foreign Exchange Limited
5.5 Automated technologies or interactions. As you interact with our site, we will automatically collect Technical Data (e.g. about your equipment) and Usage Data (e.g. browsing actions and patterns). We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies. Please see our cookies policy at www.thoroughbid.co.uk/cookies for more information.
6 Purposes for which we use your personal data
| Purpose/Activity | Type of data (see section 4 above for the definitions of the terms used below | Lawful basis (or bases) for processing including, where applicable, our legitimate interest |
|
To register you, or a business you represent, as a new user of our services. |
(a) Contact Data (b) Financial Data (c) Identity Data (d) Profile Data |
(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to operate and grow our business). |
|
To process and deliver the services that you, or a business that you represent, have requested from us including: (a) Managing payments, fees and charges. (b) Collecting and recovering money owed to us. (c) Enabling you, or a business that you represent, to participate in an auction that is taking place via the platform which is made available on our site. (d) Enabling you or a business that you represent to place, or accept, a private offer for a horse that is being sold via the platform which is made available on our site. (e) Facilitating the processes that take place where you, or a business that you represent, have entered into a contract for the sale and purchase of a horse via our services with another user and the buyer exercises one or more of their rights to: request that the horse be re-examined; request that the horse be tested for prohibited substances or piroplasmosis; or seek the cancellation of the sale on the basis that the buyer has a valid complaint (for more information about these rights please see our User Terms and Conditions. |
a) Contact Data (b) Profile Data (c) Financial Data (d) Identity Data (e) Transaction Data (f) Usage Data | (a) Performance of a contract with you. (b) Necessary for our legitimate interests (to operate our business, to facilitate the sale and purchase of horses taking place on the platform by way of auction or private sale between our users, and to recover debts due to us). |
|
If you are a natural person who is engaged by a user of our services (such as a veterinary practitioner) to assist that user of our services in exercising one or more of their rights under our User Terms and Conditions as referred to at section 2.3.3 above, we may use your personal data in the course of enabling the relevant user to exercise their rights in accordance with our User Terms and Conditions. |
(a) Contact Data (b) Identity Data |
(a) Necessary for our legitimate interests (to operate our business, to facilitate the sale and purchase of horses taking place on the platform between our users, and to deal with any claim made by a user that buys a horse using the services that they are entitled to seek the cancellation of the sale in accordance with our User Terms and Conditions. |
|
To make your contact details available to other users for the purposes described at sections 8.1.1, 8.1.2 and 8.1.3 below. |
(a) Contact Data (b) Identity Data |
(a) Performance of a contract with you. (b) Necessary for our legitimate interests (to operate our business, as part of which we put users of our services in contact with one another so that they can make enquiries, arrange inspections of horses and complete contracts entered into between them on our site.) |
|
To manage our relationship with you, or a user that you represent, including: (a) Notifying you about changes to our User Terms and Conditions, our cookies notice or this privacy notice. (b) Asking you to provide us with feedback. |
(a) Contact Data (b) Identity Data (c) Marketing and Communications Data (d) Profile Data (e) Transaction Data |
(a) Necessary for our legitimate interests (to operate our business, to carry out business related administration, to obtain IT services support, to ensure the integrity of our network security and to prevent fraud). (b) Necessary to comply with a legal obligation. |
|
To use data analytics (including via cookies) to improve our site, services, marketing, relationships with users and experiences. For more information about our use of cookies, please see our cookies notice at ThoroughBid | Cookie policy |
(a) Technical Data (b) Usage Data |
Necessary for our legitimate interests (to identify types of business that use/that are interested in using our services, to identify trends among our users, to keep our site updated and relevant, to improve the functionality of our online auction services, to develop our business and to inform our marketing strategy). |
|
To provide you, or a user that you represent, with information about our services and updates and to make suggestions and recommendations to you about services we can provide that may be of interest to you or the business you represent. |
(a) Contact Data (b) Identity Data (c) Marketing and Communications Data (d) Profile Data (e) Technical Data (f) Usage Data |
Necessary for our legitimate interests (to develop and promote our services and to grow our online platform that enables our users to buy and sell horses by way of auction). |
7 Marketing
7.1 We may use your Contact Data, Identity Data, Profile Data, Technical Data and Usage Data to form a view on what we think you may want, need or find of interest. This is how we decide which services and offers may be relevant to you from time to time. For example, we may contact you to let you know about a particular auction taking place on our site that we consider may be of interest to you or the business you represent.
7.2 You will receive marketing communications (such as auction previews or auction results) from us if you have requested information from us or used services provided by us and you have not opted out of receiving marketing from us.
7.3 If you have registered an account with us, you can update your marketing preferences by logging onto your account. You can also opt out of receiving marketing at any time by contacting us or by using the opt-out option contained in our emails.
7.4 Where we receive your Contact Data from the third parties or publicly available sources set out section 5.3 above, we may use that data in order to form a view on what we think you may find of interest and to send you marketing emails.
8 Sharing your personal data
Other Users
8.1 We may share your personal data with other users of our services (or their representatives) in the following circumstances:
8.1.1 when you, or the business that you represent, submits a horse for auction via our platform, we will include the contact details that you have provided to us for this purpose when you registered for use of our services / when you completed the entry form in the listing page for the horse so that another user can contact you in order to make enquiries or to arrange a viewing.
8.1.2 If you, or the business that you represent, are the successful bidder in an auction that took place on our platform, or make a private offer that is accepted by the seller, we will automatically pass on the contact details which you included in the purchase confirmation form to the seller so that you can complete the contract that has been formed between you and the seller in accordance with our User Terms and Conditions.
8.1.3 If you are a seller and your lot has been sold via an auction or private sale that takes place through our services , we will automatically pass on the contact details that you have provided to us for this purpose when you registered for use of our services / when you completed the entry form to the buyer so that you can complete the contract that has been formed between you and the buyer in accordance with our User Terms and Conditions.
Our third party contractors and service providers
8.2 We share your personal data with our third party contractors and service providers to the extent necessary to provide services to you which you have requested, maintain your registered user account with us or carry out other operations which are essential to our business. These include:
8.2.1 Pweb Solutions (or any replacement platform and hosting provider) which provides and hosts the online platform that we use to make our auction services available;
8.2.2 our payment service providers Regent Foreign Exchange Ltd & Worldpay LLC (or any replacement payment service provider). Regent Foreign Exchange Ltd & Worldpay LLC processes your data when you use the services provided by us (for example when you pay us the entry fee for submitting a lot to auction or pay us the purchase price (which we collect as agent for the seller) or the applicable commission fee;
8.2.3 Mailchimp which provides us with email marketing services (or any replacement email marketing services provider), when we analyse the data held by us for marketing purposes and send out marketing emails;
8.2.4 IT support and maintenance services; and
8.2.5 cloud storage and email exchange server.
8.3 We permit our third party service providers specified above to use your personal data to assist us in carrying out the activities stated in this privacy notice, and they are required to take appropriate security measures in line with data protection law.
Other third parties
8.4 We also share your personal data with other third parties as follows:
8.4.1 our regulators, professional advisors, insurance provider and auditors;
8.4.2 HMRC or other government or law enforcement agencies;
8.4.3 if we sell any business or assets, in which case we may disclose your personal data to the prospective buyer of such business or assets;
8.4.4 providers of fraud and credit checks for the purposes of fraud protection and credit risk reduction; and
8.4.5 additional third parties if there is a legal obligation for us to do so.
The categories of third parties listed above are data controllers in respect of your personal data. They use your personal data for their own purposes and are responsible for their own compliance with data protection legislation.
8.5 Please see our cookies notice at www.thoroughbid.co.uk/cookies for information about the third parties with whom your personal data is shared when we collect personal data via cookies on our site.
9 Data security
9.1 We have put in place:
9.1.1 appropriate security measures in accordance with the legal requirements to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed; and
9.1.2 procedures to deal with any suspected data security breach and will inform you and any applicable regulator of a suspected breach where we are legally required to do so.
10 Transferring information outside the UK and EEA
10.1 Any personal data that we hold about you will be held on secure servers, based inside the UK and the European Economic Area (EEA).
10.2 If we share your data with a recipient outside the UK, we will either:
10.2.1 transfer your personal data to a country that has been deemed to provide an adequate level of protection for personal data, such as a country within the EEA; or
10.2.2 transfer your personal data to a country that has not been deemed to provide an adequate level of protection for personal data only in circumstances where we have put in place appropriate measures to ensure that your personal data is treated by that third party in a way that is consistent with and respects the UK laws on data protection.
10.3 If you are based outside the UK or EEA, we may transfer personal data to any correspondence address (including email address) that you provide to us to the extent that this is necessary to provide our services to you or the business that you represent. We will take all reasonable steps to ensure that such transfers are secure. By accessing our services from outside the UK or EEA, you agree that such transfer is necessary for us to carry out any contract between us and you (or the business you represent).
10.4 Please note that your personal data may be transferred outside of the UK or EEA by certain of our third party service providers. These include:
10.4.1 Mailchimp. We use Mailchimp when we analyse the data held by us for marketing purposes and send out marketing emails. Mailchimp may store data that is provided by us in the United States or other locations where it operates which are outside of the UK or EEA. Mailchimp has agreed to process all data provided by us in compliance with the Standard Contractual Clauses that have been issued by the European Commission. For more information about the steps that Mailchimp takes to comply with data protection law when processing personal data outside of the UK or EEA, please see the further information provided at: https://mailchimp.com/help/mailchimp-european-data-transfers/ and https://mailchimp.com/legal/privacy/; and
10.4.2 the providers of cookies we use on our site. Please see our cookies notice available at www.thoroughbid.co.uk/cookies for more information about the third party providers of cookies used on our site.
11 How long will we keep your personal data for?
11.1 We will only retain your personal data for as long as it is reasonably necessary to do so in connection with the purposes for which we collected it. It may be necessary for us to retain your personal data in to satisfy any legal, regulatory, tax, accounting or reporting requirements to which we are subject. We may retain your personal data
for a longer period in the event of a complaint or if we reasonably believe that there is a prospect of litigation relating to our relationship with you or any business that you may represent.
11.2 To determine the appropriate retention period for your 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 data; the purposes for which we process your personal data and whether we can achieve those purposes through other means; whether you (or a business you represent) are participating in auction taking place on our site; and the applicable legal, regulatory, tax, accounting or other requirements to which we are subject.
11.3 In some circumstances, you can ask us to delete your data; please see your rights at section 12 below for further information.
12 Your rights
12.1 You have the following rights:
12.1.1 to be told what we are doing with your personal data. We do this by providing you with this privacy notice;
12.1.2 to correct or update the personal data we hold about you;
12.1.3 to object to the processing of your personal data;
12.1.4 to request a copy of the personal data we hold about you;
12.1.5 to ask us to delete the data that we hold about you where there is no good reason for us to continue to process it;
12.1.6 to ask us to stop processing your personal data where we are relying on the lawful basis of our legitimate interest and there is something about your particular situation which makes you want to object to our processing on this lawful basis and where there is no good reason for us continuing to process the data;
12.1.7 to ask us to restrict how we use your personal data for a period of time if you claim that it is inaccurate, and we want to verify the position or in some limited other circumstances;
12.1.8 to ask us to send your personal data to another organisation in a computer-readable format; and
12.1.9 to complain to the Information Commissioner's office if you are unhappy with our use of your personal data: you can do this at https://ico.org.uk/concerns/. Please do contact us straight away if you consider that we are not handling your personal data properly so we can try and sort the problem out.
12.2 If we delete your personal data or restrict our use of it, we may not be able to provide our services to you or the business that you represent.
12.3 If you want to exercise any of your rights, please contact [info@thoroughbid.co.uk]. We may need to request specific data from you to help us confirm your identity and facilitate the exercise of your right to access your data (or to exercise one or more of your other rights).
13 Use of Cookies
Our site uses cookies to distinguish you from other users of our site. We use cookies for our legitimate interests as set out in the table at section 6 above. Please see our cookies notice available at www.thoroughbid.co.uk/cookies for more information about our use of cookies.
14 Third party links
Our site may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our site, we encourage you to read the privacy notice of every website you visit.
thoroughbid-limited-website-privacy-notice-final-draft-270421.doc