Website Privacy Policy

BACKGROUND: 

Brightwells Ltd understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits our websites, brightwells.com & brightwellslive.com (“Our Sites”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law. 

Please read this Policy carefully and ensure that you understand it. Your acceptance of this Policy is deemed to occur upon your first use of Our Sites and you will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

1. Definitions and Interpretation

In this Policy, the following terms shall have the following meanings:  

2. Information About Us

• Our Sites are owned and operated by Brightwells, a limited company registered in England under company number 2052714, whose registered address is Easters Court, Leominster HR6 0DE. and whose main trading address is Easters Court, Leominster HR6 0DE.
• Our VAT number is B133472289.
• Our Data Protection Officer is Shelly Au-Yeung, and can be contacted by email at info@brightwell.com, by telephone on 01568 611166, or by post at Easters Court, Leominster 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); Central Association of Agricultural Valuers (CAAV); Central Association of Agricultural Valuers (CAAV); National Association of Motor Auctions (NAMA); Society of Fine Art Auctioneers and Valuers (SOFAA); ARLA Propertymark. 

3. What Does This Policy Cover?

This Policy applies only to your use of Our Sites. Our Sites may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them. 

4. Your Rights

As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:

• The right to be informed about Our collection and use of personal data;
• The right of access to the personal data We hold about you (see section 12);
• The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
• The right to be forgotten – i.e. the right to ask Us to delete any personal data we hold about you
• The right to restrict (i.e. prevent) the processing of your personal data;
• The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
• The right to object to us using your personal data for particular purposes; and
• Rights with respect to automated decision making and profiling.
• If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section 14 and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
• For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau. 

5. What Data Do We Collect?

Depending upon your use of Our Sites, we may collect some or all of the following personal and non-personal data (please also see section 13 on Our use of Cookies and similar technologies)

• Name;
• Address;
• Email address;
• Telephone number;
• Mobile Number;
• Business name;
• Job title;
• Information about your preferences and interests;
• IP address;
• web browser type and version;
• operating system;
• a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to; 
• Passport Number;
• Driving Licence Number.

6. How Do We Use Your Data?

All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Protection Act 1998 or GDPR at all times. For more details on security see section 7, below.

Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for 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. Replying to emails 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
• market research
• analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience

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. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Data Protection Act 1998 or GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003. 

• Third parties (including Google & Newsquest) whose content appears on Our Sites may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that we do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
• You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
• We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.

7. How and Where Do We Store Your Data?

• We only keep your personal data for as long as we need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
• Your data will only be stored in the UK.
  
  OR
• Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein).
  
  OR
• Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the Data Protection Act 1998or GDPR
• Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure data collected through Our Sites.
• Steps We take to secure and protect your data include:

- All of the data you provide to us via brightwells.com or brightwellslive.com is secured and protected via a valid HTTPS connection. 

8. Do We Share Your 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. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under the law. These may include payment processing, delivery, and marketing.
• 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
• We may compile statistics about the use of Our Sites including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law. 
• 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

9. What Happens If Our Business Changes Hands?

• We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use that data only for the same purposes for which it was originally collected by us.
• In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. You will not, however, be given the choice to have your data deleted or withheld from the new owner or controller. 

10. How Can You Control Your Data?

• In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict our use of your data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details and by managing your Account). 

11. Your Right to Withhold Information

• You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
• You may restrict Our use of third party Cookies. You can change DoubleClick's use of cookies by visiting the DoubleClick opt-out pageor the Network Advertising Initiative opt-out page. 

12. How Can You Access Your 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 14.

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. 

13. Our Use of Cookies

• Our Sites may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Sites and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
• By using Our Sites you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. Third party Cookies are used on Our Sites to monitor advertising. These Cookies are not integral to the functioning of Our Sites and you may restrict/change DoubleClick's use of cookies by visiting the DoubleClick opt-out pageor the Network Advertising Initiative opt-out page. 

- All Cookies used by and on Our Sites, are used in accordance with current Cookie Law.

- We do not display a popup asking you if you have agreed to cookies on Our Sites. By using our sites and reading this Notice you are giving your consent to the placing of Cookies and are enabling us to provide the best possible experience and service to you.

- Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 13.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.10, but please be aware that Our Sites may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

- The following first party Cookies may be placed on your computer or device:

and the following third-party Cookies may be placed on your computer or device:

• Our Sites uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Sites are used. This, in turn, enables us to improve Our Sites and the services offered through it. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Sites, it does enable us to continually improve Our Sites, making it a better and more useful experience for you.
• The analytics service(s) used by Our Sites use(s) Cookies to gather the required information.
• The analytics service(s) used by Our Sites use(s) the following Cookies:

• In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
• You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Sites more quickly and efficiently including, but not limited to, login and personalisation settings.
• It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings. 

14. Contacting Us

If you have any questions about Our Sites or this Website Privacy Policy, please contact us by email at info@brightwells.com, by telephone on 01568 611166, or by post Shelly Au-Yeung, Easters Court, Leominster HR6 0DE. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you (as under section 12, above). 

15. Changes to Our Privacy Policy

We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

November 2022