BACKGROUND:

Brightwells Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our clients and will only collect and use personal data in ways that are described here, and in a way, that is consistent with our obligations and your rights under the law.

1. Information About Us

Brightwells Ltd.

Registered address: Easters Court, Leominster, Herefordshire HR6 0DE

VAT number: GB133472289.

Data Protection Officer: James Crozier

Email address: info@brightwells.com

Telephone number: 01568 611166

Postal Address: Easters Court, Leominster, Herefordshire HR6 0DE

We are regulated by Royal Institution of Chartered Surveyors (RICS); Financial Conduct Authority (FCA).

We are a member of Royal Institution of Chartered Surveyors (RICS); The Livestock Auctioneers' Association (LAA); National Association of Motor Auctions (NAMA); Society of Fine Art Auctioneers and Valuers (SOFAA); ARLA Propertymark. 

2. What Does This Notice Cover?

This Privacy information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data. 

3. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below. 

4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

  • The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
  • The right to access the personal data we hold about you. Part 10 will tell you how to do this.
  • The right to have your personal data rectified if any of your personal data held by us inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
  • The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
  • The right to restrict (i.e. prevent) the processing of your personal data.
  • The right to object to us using your personal data for a particular purpose or purposes.
  • The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  • Rights relating to automated decision-making and profiling. We do not use your personal data in this way Part 6 explains more about how we use your personal data, including automated decision-making and/or profiling.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. 

5. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

  • Name;
  • Address;
  • Email address;
  • Telephone number;
  • Mobile Number;
  • Business name;
  • Job title;
  • Information about your preferences and interests;
  • National Insurance Numbers & Tax Codes of employees;
  • Passport Number;
  • Driving Licence Number.

6. Systems used to gather data:

Brightwells gather information directly from you and also via our websites and other technical systems. These may include, for example: 

  • computer networks and connections
  • websites – brightwells.com and brightwellslive.com
  • email, letters, faxes and other printed forms
  • telephones, voicemail, mobile phone records
  • social media and direct/instant messaging 

Cookies - When you use our website Brightwells may gather information about you through cookies and other technical means. ‘Cookies’ are text files placed on your computer to collect Internet log information and user behaviour information. These are used to track website usage and monitor website activity and for other data processing reasons set out below. 

7. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

  • Providing and managing your account.
  • Supplying our services to you. Your personal details are required in order for us to enter into a contract with you, and successfully process entries made by you for auction or to process purchases made by you at one or more of our auctions
  • disclosures and exchange of information (to process entries made by you for auction)
  • Communicating with you. This may include responding to emails or calls from you.
  • Supplying you with information by email and/or post that you have opted-in to (you may unsubscribe or opt-out at any time by either; email - click on unsubscribe in the footer of the email or reviewing your newsletter subscriptions on brightwells.com, postal - please contact us using the details provided in Part 11)
  • compliance with legal, regulatory and corporate governance obligations and good practice
  • gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
  • operational reasons, such as providing information to you about Brightwells auctions and its activities and undertakings
  • security vetting, investigating complaints and allegations of criminal offences
  • statistical analysis
  • to allow you to participate in interactive features included on our website 
  • Employee relationship (payroll)

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

We use the following automated systems for carrying out certain kinds of decision-making and/or profiling. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us to find out more using the details in Part 11.

  • Brightwells auction management systems 

8. How Long Will You Keep My Personal Data?

The Company shall not keep personal data for any longer than is necessary in light of the purposes for which that data was originally collected and processed.  When the data is no longer required, all reasonable steps will be taken to erase it without delay.

Data Disposal 

When the data is no longer required or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows: 

  • Personal data stored electronically (including any and all backups thereof) shall be deleted securely 
  • Personal data stored in hardcopy form shall be shredded 

9. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

OR

We will only store or transfer your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the GDPR or to equivalent standards by law.

OR

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows. 

10. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject the following important exception.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

OR

We may sometimes contract with the following third parties to supply products services to you on our behalf. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold.

  • Encrypted payment portal
  • Various delivery services, dependant of the department – please either contact us for more information or visit brightwells.com for further information
  • Auction partners – in order to process your auction entries and transfer ownership of animals
  • Compliance screening providers, such as LexisNexis Risk Solutions Group, who provide screening solution services in connection with government watchlists/sanctions lists and to ensure our compliance to anti-money laundering regulations.

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 9.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. 

11. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 12.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one month. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of two months from the date we receive your request. You will be kept fully informed of our progress. 

12. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of James Crozier)

Email address: info@brightwells.com | Telephone number: 01568 611166.

Postal Address: Brightwells Ltd, Easters Court, Leominster HR6 0DE. 

13. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available brightwells.com.

November 2022