Hectare Agritech Terms and Conditions

BACKGROUND

Welcome to Hectare Agritech Limited, a company registered in England and Wales under company number 8285271 and with our registered office at Sustainable Workspaces County Hall 5th Floor  Belvedere Road London SE1 7PB.

Hectare operates agricultural trading portals sellmylivestock.co.uk (“SML”) and these Terms and Conditions and Privacy Policy (together the “Terms”) apply to your registration and use of this portal. You may access SML through a third party who has embedded SML into their own website (“Third-Party Provider(s)”). These Third-Party Provider websites will link to the Site and will include the following wording, “Powered by SellMyLivestock”. You will still be required to register and sign in to either SML to use them. These Terms apply to your use of SML, whether the Site is accessed directly, or through a Third-Party Provider’s website.

These Terms constitute a legally binding contract between you, Hectare and any person you trade with via a Hectare trading portal.

About the Services ("Services")

SML is a website that allows registered account holders (“Registered Users”) of the relevant site to, (i) buy and sell on SML.

Our Services comprise of the provision of:

1. a listing service for the sale of Livestock
2. a service offering where we introduce buyers and sellers to connect and enter into transactions for the sale and purchase of Livestock, feed and bedding.  

We do not have possession of anything listed or sold through our websites and are not involved in the actual transaction between sellers and buyers. The contract for the sale is directly between the seller and buyer. We are not an agent.

By providing us with your information, registering an account with us and by accessing or using our Services you are accepting these Terms.

About these terms and conditions (“Terms”)

These Terms govern your use of the Sites (as defined below) respectively and your relationship with Hectare Agritech Limited (“Hectare”, “we” or “us”) and other Registered Users. Please read them carefully as they affect your rights and liabilities under the law.

In using any of the Sites and registering to become a Registered User of any Sites (whether the Site is accessed directly or through a Third Party Provider’s website) you are entering into a legally binding contract subject to these Terms between you, any Registered User that you trade with and Hectare Agritech Limited.

If you do not agree to these Terms, please do not register for or use the Sites. If you have any questions on the Terms, please contact info@sellmylivestock.co.uk. If you have any complaints or are dissatisfied with the service you receive in relation to this Agreement, please contact us at support@sellmylivestock.co.uk.

These Terms are formed of five parts each of which relate to and govern your use of the Sites as well as any trading activity you engage in through the Sites and together form the contract between you and us:

Part A: General Terms of Use

Part B: Terms of Trading

Part C: Privacy Policy

Definitions

Part A: General Terms of Use

1. Use of the SML Site

The Site and app is provided to you for your personal or business use subject to these Terms. By using the Sites you agree to be bound by these Terms.

2. Amendments to these Terms

1. We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of either Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the relevant Site.
2. The changes will apply to the use of the Site after we have given Notice. If you do not wish to accept the new Terms you should not continue to use the relevant Site. If you continue to use the such Site after the date on which the change comes into effect, your use of that Site indicates your agreement to be bound by the new Terms.
   

3. Registration

1. To register on either Site you must be over eighteen years of age.
2. You must ensure that the details provided by you on registration or at any time are correct and complete.
3. Where you have accessed either Site through a Third-Party Provider’s website, you will still be required to register or sign in using the log in details provided to you by us when you register to use the Site.
4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively. You are solely responsible for maintaining and updating your registration information and User Account.
5. If you wish to cancel your registration and terminate this Agreement then you may do so at any time by providing written notice and/or using the cancellation process in your User Account.
   

4. Password and Security

1. When you register to use either Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting info@sellmylivestock.co.uk  immediately.
2. If Hectare has reason to believe that there is likely to be a breach of security or misuse of either Site, we may require you to change your password or we may suspend your account.
   

5. Intellectual Property

1. The content of the Sites are protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of a Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on either Site without written permission from Hectare.
2. Hectare reserves to itself and is the owner of all proprietary information and data relating to its Registered Users (“Hectare Customer Data”) and you are expressly forbidden from procuring or attempting to procure, collect or make any use of Hectare Customer Data. The prohibitions contained in this Clause 5.2 do not preclude you from being able to use data from either Site to contact other Customers for the purposes of conducting trade through the Site.
3. In respect of any photographs or other pictorial or graphical material (“Materials”) you upload to either Site or provide to us you grant to us an irrevocable, perpetual licence to retain, use and reuse such Materials at our sole discretion across any medium.
   

6. Your Use of the Site(s)

1. You may not use any Site for any of the following purposes:

1. disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
2. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
3. placing incorrect, misleading, false or otherwise fraudulent offers, bids or trades and/or making any misrepresentations in relation to your identity, legal entitlement or capacity to trade;
4. interfering with any other person’s use or enjoyment of the SML Site; or
5. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

2. You will be responsible for any and all liabilities, whether direct, indirect or consequential arising out of your misuse of the Site and/or breach of this Clause 6, including any losses or costs incurred by Hectare in relation to the same.

3. You may access the Site(s) through a Third-Party Provider website. The information and materials on any Third-Party Provider website have not been verified or approved by us and we accept no responsibility for any content, material or information contained on the Third-Party Provider’s website.  We have no control over the contents of such websites, or the material provided by the Third-Party Provider, and your use of a Third-Party Provider website may be governed by the Third-Party Provider’s terms and conditions, terms of use and privacy policy.  
   

7. Availability of the Site(s)

1. Although we aim to offer you the best service possible, we make no promise that the services at either Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service, you should report it to support@sellmylivestock.co.uk  and we will attempt to correct the fault as soon as we reasonably can.
2. Your access to either Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
   

8. Service charges and subscription fees

1. The charges for use of SML are as currently displayed on SML
   

9. Your liability

1. To the extent not otherwise set out in these Terms, you shall be liable for all your activity in relation to your User Account and use of the Sites and you shall indemnify us to the fullest extent permitted by law for any and all losses, damage or claims whether direct, indirect or consequential arising out of your failure to comply with these Terms or otherwise.
2. You are fully liable for your activity as Seller or Buyer and any and all liability arising between those Sellers or Buyers with whom you trade as a result of a Listing. You warrant that either as Seller or Buyer you have the capacity to trade and fully indemnify us against any and all claims that may arise from other Registered Users as a result of your failure to comply with these Terms or otherwise.
   

10. Hectare’s liability

1. Except as expressly stated in these Terms, we have no liability in relation to any Registered User who has entered into a transaction together through the use of our Site. We do not make any representation nor give any warranties or undertakings in relation to the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
2. Subject to clause 10.5, we (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for (i) any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or (ii) any special, indirect or consequential damages for any losses arising, directly or indirectly from:

1. your use of or your inability to use our Service;
2. use of or any reliance on any content displayed on our Website;
3. delays or disruptions in our Services;
4. viruses or other malicious software obtained by accessing, or linking to, our Service;
5. glitches, bugs, errors or inaccuracies of any kind in our Service;
6. damage to your hardware device from use of our Service;
7. the information, content, actions or inactions of third parties (including the Third Party Providers and items listed using our Service);
8. a suspension or other action taken with respect to your account as a result of your breach of these Terms;
9. the duration or manner in which your Listings appear in search results;  
10. your need to modify practices, content, or behaviour or your loss of, or inability to do business as a result of changes to these Terms;

3. We cannot confirm, and are not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they provide to us or post on our Site.
4. If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 100 Pounds Sterling (£100).
5. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

11. Disclaimer

1. While we endeavour to ensure that the information on the Sites is correct, we do not warrant the accuracy and completeness of the material on the Sites. We may make changes to the material on the Sites at any time without Notice. The material on the Sites may be out of date, and we make no commitment to update such material.
2. The material on the Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Sites on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Sites.

12. Third Party Websites

As a convenience to Users and Customers, the Sites include or may include links to other web sites or material which are beyond its control. Hectare is not responsible for content on any site outside the Sites.

13. Applicable Law

These terms and conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England & Wales.

14. International Use

The Sites are designed and provided solely for use within the United Kingdom. We make no promise that materials on either Site are appropriate or available for use in locations outside the United Kingdom and accessing either Site from territories where its contents or conducting trade through its services are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Hectare disclaims any and all liability for any use of either Site or Services from outside the United Kingdom.

15. Miscellaneous

1. You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
2. If you breach these Terms and Hectare chooses to ignore this, Hectare will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
3. Hectare shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
4. To the extent not otherwise provided on the Site, all notices (“Notices”) to us under this Agreement shall be

1. delivered by pre-paid first class post to Hectare Agritech Limited, Sustainable Workspaces, County Hall 5th Floor,  Belvedere Road, London, SE1 7PB; or
2. sent by email to support@sellmylivestock.co.uk or support@hectare.com.

5. All Notices we send to you shall be sent via email to the email address you provided on registration.
6. Any Notice shall be deemed to have been received:

1. if delivered by pre-paid first class post, on the second business day after posting; and
2. if sent by email, at the time of transmission, or if this time falls outside of business hours, when business hours resume.

7. All Notices sent by the Buyer to the Seller, or by the Seller to the Buyer, shall be validly sent in accordance with the terms of the relevant Transaction
8. If any part of these Terms is determined, by court or a relevant authority, to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in full force and effect.
9. This Agreement is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
10. These Terms and any other policies referred to form the entire agreement between you and us concerning the use of our Service and supersede all previous agreements. No agency, partnership, joint venture, employer-employee, franchise-franchisee is intended or created by this Agreement.

16. Termination

1. If and to the extent that you breach any of these Terms we shall have the right to immediately suspend or terminate your registration, use and access to the Site.
2. We may terminate the Agreement and immediately suspend your registration, use and access to the Site, if you become Insolvent.
3. If you wish to terminate this Agreement then you may do so by cancelling your registration in accordance with Part A, Clause 3.4 above.
   

Part B: Terms of Trading

17. Use of Services

1. Use of the Sites is reserved to and only available for Registered Users.
2. Hectare does not conduct or provide any verification system in respect of Registered Users and provides no warranty in respect of the accuracy, identity or legal capacity of any Registered Users and Hectare specifically disclaims any and all liability in respect of the same. You acknowledge and agree that in using the Services, you accept the aforementioned and it is your responsibility to satisfy yourself as to the identity, authenticity and reliability of any information or Trading Information provided by Registered Users whether made available in the Listing or otherwise.
3. Where we agree to introduce you to another Registered User (whether a Buyer or Seller (as applicable) the following terms shall apply to those services (Introduction Services):

1. Introductions. Following a request by you we shall use reasonable endeavours to make an Introduction to a Buyer or Seller (as applicable) for the sale or purchase of the Goods.
2. Appointment. Where a Registered User makes a request for an Introduction, the Registered User appoints us to make an Introduction for the sale or purchase (as applicable) of Goods in accordance with these Terms. We are not responsible for assessing, or where appropriate, obtaining independent assessments of, a Registered User’s creditworthiness and you shall satisfy yourself of that fact before concluding the Relevant Contract.
3. Authority. When providing the Introduction Services, we shall not, unless otherwise authorised by you in writing,  act in a way which will incur any liabilities on a Registered User’s behalf. Unless otherwise agreed in writing, you hereby authorise us to negotiate the terms and price of the sale or purchase of the Goods on your behalf, provided that we shall not have any authority, and shall not hold ourselves out as having the authority, to bind you in any way or enter into a Relevant Contract on your behalf. You shall be responsible for entering into a Relevant Contract with the Buyer or Seller (as applicable) or to give us authority to enter into the Relevant Contract, or incur liability, on your behalf.
4. Terms governing sale of Goods. Where you are the Seller, you shall provide us with your terms and conditions for the sale of the Goods which we will bring to the notice of the Buyer as part of the Introduction Services.
5. Obligation to honour Relevant Contracts. Subject to your rights in the Relevant Contract, where we make an Introduction, you agree to perform all Relevant Contracts for the sale or purchase of the Goods.
6. Price of goods. The price for the Goods sold as a result of an Introduction shall be sold at the price specified by the Seller in writing when:

1. the Seller requests the Introduction Services (if the requesting party); or
2. we notify the Seller that a Buyer is interested in purchasing Goods offered by the Seller and the Seller agrees to be Introduced,

subject to any discounts or deductions which we negotiate and which you agree to in writing in accordance with clause 17.3.3.  

7. Collecting payment. You shall be responsible for collecting all payments due to you under any Relevant Contract and we are not appointed to collect payment.
8. Insurance. You shall be responsible for insuring and keeping insured your Goods which at any time may be sold as a result of an Introduction, against all of the risks for which a prudent trader would insure goods of a similar type.
9. Indemnity. You shall indemnify us against any liability, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs) suffered or incurred by us in respect of:

1. any liabilities which we incur as a result of acting with reasonable care and skill within the scope of our authority when providing the Introduction Services under these Terms;
2. failure to provide us with all information necessary to carry out the Introduction Services;
3. where you are a Buyer, a breach of the warranties contained in clause 22;
4. where you are a Seller, a breach of the warranties contained in clause 21;
5. any claim made against us by a Buyer arising out of or in connection with the supply of the Goods to that Buyer following an Introduction unless such loss suffered by the Buyer arises as a result of our default;
6.  any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with the supply of the Goods;
7. where you are the Seller of the Goods, any claim made against us by a third party arising out of or in connection with [misdescribed] Goods.  

10. Complaints. You acknowledge and agree that you shall be responsible for promptly and efficiently dealing with any complaint, dispute or after sales enquiry relating to any Goods which were sold following an Introduction by us. We shall not be responsible for managing or responding to any complaints.  
11. Waiver. Where we waive our right to payment of commission in relation to a Relevant Contract, such waiver shall not be deemed a waiver of any subsequent right to payment of commission.
12. Disputes under a Relevant Contract. If a dispute arises in relation to a Relevant Contract, you shall be responsible for defending and settling such dispute and we shall not be required to take part in any dispute, or commence or defend any dispute or settle or attempt to settle any such dispute.
13. Consequences of termination. On termination of these Terms pursuant to clause 16:

1. if, and to the extent the Commercial Agents (Council Directive) Regulations 1993  (as amended from time to time) apply, and provided that we give notice of our intention thereunder, we shall, unless any of the circumstances mentioned in Regulation 18 of those Regulations applies, have the right to compensation as provided in Regulation 17 of those Regulations.
2. the provisions of 17.3.8 to 17.3.12 shall continue in force in relation to all sales of Goods where we made an Introduction before the date of termination.
   

18. Obligations of Registered Users

1. As a Registered User you warrant you have the consent and authority to register as an account holder on behalf of yourself, or if employed as employee or agent for another third party or organisation, you have the authority to trade on behalf of such third party or organisation and, to the extent applicable, to provide the required details under the Electronic Commerce (EC Directive) Regulations 2002.
2. You agree and warrant that you have provided and shall provide true, accurate and complete information as prompted by the User Account registration form and you agree to maintain and promptly update your User Account details and information to ensure they are true, accurate, current and complete at all times. You shall be solely liable for any losses, damage or claims arising out of your failure to provide and maintain accurate details or information.
3. If you provide any information that is not true, complete or current or we suspect that such information is not true or accurate, we have the right to terminate or suspend your account.
4. As per Part A, Clause 4 above, your user identification and password are confidential. It is your responsibility to keep this information confidential and not disclose this to anyone.
5. You agree to immediately Notify us if you know or suspect your User Account is being used without your authority. We will not be liable for any loss any unauthorised user incurs in connection with your User Account.
   

19. Warranties and Obligations of Sellers

1. Any Listing you place must be for the sale of either Livestock or feed and bedding.
2. You are legally able to sell the Livestock or feed or bedding, as you are the legal owner or you have obtained authority from the legal owner to sell.
3. You will comply with good industry practice and any other statutory requirements in relation to selling Livestock or feed or bedding respectively.
4. In relation to the Listing of Livestock you specifically warrant that:

1. the Livestock you sell are free from any kind of disease;
2. any cattle you sell through the SML Site have been registered with the Department for Environment, Food and Rural Affairs (“Defra”), have two physical ear tags (one in each ear) and a cattle passport;
3. your farm has a valid County Parish Holding (“CPH”) number;
4. you have authority from the veterinary practice of the Livestock to provide their details on any Listing; and you shall indemnify both Buyer and Hectare against any breach of the above warranty obligations;

5. You are solely responsible for the content and accuracy of any Listing you place on the SML Portal. If we suspect the content of your Listing is misleading or inaccurate, we may remove your Listing without Notice.
6. Any Listing you make will be valid until you, or we through providing Introduction Services, secures a Buyer and conclude a sale and/or remove such Listing.  
7. Any resulting transaction between Seller and Buyer will be subject to such terms and conditions as may be agreed between Seller and Buyer including the terms of any Relevant Contract.  
8. Until a price and sale is confirmed between Seller and Buyer any offers shall be Subject to Contract and all contractual responsibility and liability arising out of any offers and acceptances shall arise and exist solely as between Seller and Buyer. For the avoidance of doubt, Hectare is not a party to any contract between Seller and Buyer and has and disclaims any and all liability in respect of the same.
9. Each offer you, or we on your behalf when providing the Introduction Services and as authorised by you to, accept places you in a legally binding contract with the Buyer to the extent that upon acceptance of such offer you expressly acknowledge and agree that the acceptance of such offer and any contractual terms agreed between you and the Buyer shall constitute the contract between you and the Buyer and you shall therefore be obliged to supply the goods you have offered for sale to the Buyer in accordance with such terms and conditions (a “Transaction”).
   

20. Warranties and obligations of Buyers

1. When placing an offer, subject to these Terms, the Buyer will agree with the Seller any or such terms and conditions that you wish to apply to a Transaction.  Where there is any conflict between these Terms and any other terms and conditions agreed between the Buyer and the Seller, these Terms shall prevail.
2. You warrant to us and the Seller that:

1. you will pay for any offers accepted by the Seller as directed by the Seller;
2. you have the capacity to enter into a legally binding contract with any Seller

3. Each offer you make places you in a legally binding contract with the Seller to the extent that upon acceptance of such offer you expressly acknowledge and agree that the acceptance of your offer and any or such contractual terms as you may have agreed with the Seller shall constitute perfection of the contract between you and the Seller and you shall therefore be obliged to pay the Seller in accordance with such terms and conditions.
4. On making an offer you will be deemed to have full knowledge of the Listing of the Livestock or feed or bedding (as applicable) and all information concerning the Livestock or feed or bedding derived from it.
5. If your User Account has been suspended or terminated by us for whatever reason, you are not permitted to use a different registered account to place any offer.
6. Without prejudice to any other right or remedy the Seller may have, if you don’t pay the Seller any sum due under these Terms within 30 days of the due date, the Seller may add interest and recovery costs to the sum due for payment.  
   

21. Payment and exchange of goods

1. Payment and payment terms shall be as set out in the Seller’s terms or as otherwise agreed between Seller and Buyer. The Buyer agrees to pay the Seller in accordance with such terms. The Seller and Buyer shall agree the process for exchange of the Livestock or feed or bedding (as applicable).
2. Hectare shall have no involvement, responsibility or liability in respect of payment or exchange of the Livestock or feed or bedding (as applicable). All other terms concerning the payment or exchange of Livestock or feed or bedding (as applicable) shall be solely as agreed between Seller and Buyer..

Part C: Privacy Policy

Purpose of this privacy policy
Welcome to Hectare’s privacy policy. We respect your privacy and are committed to protecting your personal data. This privacy policy explains how we process your personal data when you visit our website or app and/or use our products and services, and tells you about your privacy rights and how the law protects you.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Controller

Hectare AgriTech Limited is the data controller and is responsible for your personal data (collectively referred to as “Hectare”, "we", "us" or "our" in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Hectare AgriTech Limited.

Email address: dpo@wearehectare.com

Postal address: Hectare AgriTech Limited, Sustainable Workspaces, County Hall 5th Floor, Belvedere Road, London, SE1 7PB.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review and may update this policy from time to time without notice.

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.

Third-party links
This website 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 website, we encourage you to read the privacy policy of every website you visit.

The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, email address and telephone number.

• Contact Data includes email address and telephone number.

• Location Data includes your physical location, including longitude and latitude and / or what3words locations, when location services are enabled.

• 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 website.

• Usage Data includes information about how you use our website, apps, products and services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose, including commercial purposes. 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.

If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How your personal data is collected
We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Location and Marketing and Communications Data by entering data on our website or app or by corresponding with us directly or contacting us by telephone or video call.

• Automated technologies or interactions. As you interact with our website and app, we will automatically collect Technical Data and Usage Data.

• Third parties. We may receive personal data from third parties such as customers and suppliers, when required to enable us to provide services.

How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal obligation.

Purposes for which we will use your personal data
We have set out below a description of the ways we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see cookie policy.

Change of purpose
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data
When processing your personal data as described above, we may share your personal data with the parties set out below:

• Customers and suppliers, when required to deliver the products and services that we offer.  

• Service providers acting as processors who provide IT, software and/or system administration services.

• Professional advisers acting as processors including our lawyers, bankers, auditors and insurers who provide us with consultancy, banking, legal, insurance and accounting services.

• When required by law or regulation, HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers.

• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Third Party Processors

Our carefully selected partners and service providers may process personal information about you on our behalf as described below:

Digital Marketing Service Providers

We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information.  Our appointed data processors include:

(i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io.  Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.

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 internal 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.

Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are to:

• Request access to your personal data.

• Request correction of your personal data.

• Request erasure of your personal data.

• Object to processing of your personal data.

• Request restriction of processing your personal data.

• Request transfer of your personal data.

• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us or our representative using the contact details set out above.  

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.