Privacy Statement
1. INTRODUCTION
Welcome to Fixter!
If you are using the Fixter service via our application (let's call it our "App" for short) or via our website http://www.fixter.co.uk (let's call it our "Website" for short), which are brought to you by Fixter Limited, having its registered office at 153 Milton Keynes Business Centre, Foxhunter Drive, Linford Wood, Milton Keynes, MK14 6GD, with company number 10426619 ("we", "us" or "our").
This privacy policy (we'll refer to it as the "Privacy Policy"), together with our terms of use (let's call them "Terms" for short) sets out important information about the ways in which we collect and use your information when you browse or use the Fixter service (or "Service") through the Website or App (or "Service"). In this Privacy Policy, when we refer to "you" and "your" we mean you, the person using or visiting our Website and App or making purchases with us.
If you are under the age of 18, please do not use the Service. By using the Service you confirm to us that you are 18 years old or over.
By visiting or using the App or Website, making purchases with us or otherwise interacting with us, you consent to our processing of your personal data in accordance with this Privacy Policy.
2. INFORMATION WE MAY COLLECT ABOUT YOU
When we collect information from you or about you, we need to identify the lawful basis (the legal reason) for doing this. This can be one of six lawful basis: Consent, Contract, Legal Obligation, Protecting Vital Interests, Public Task or Legitimate Interest. We indicate in each of the next sections which lawful basis applies.
Information you give us
We will collect any information you provide to us when you: (i) download the App from an electronic marketplace, (ii) access or use the App or Website, (iii) register for an account with us via the App or Website or log-in via a social networking site, (iv) place an order with us via the App or Website, (v) enter one of our promotions or surveys, or (vi) subscribe to our mailing list. This information might include your name, addresses, email address, phone number, username, password, your likeness (by way of photograph you upload to your profile account), your social networking profile, your location, car registration, car details, MOT information, car service history, tax information, payment information and other information relevant to the purchase you're making, or account that you're registering for.
We collect this information with your Consent, and this is the identified lawful basis. When you consent to us collecting and using your information you do have the option to withdraw consent at any time. This may impact our ability to provide you with certain services or information. If you do wish to withdraw consent you can do this by contacting us at support@fixter.co.uk or at 0330 808 9527.
Information we collect about you:
We will collect any information contained in any correspondence between you and us. For example, if you contact us via the chat functionality in the App or Website, report a problem to us by email, telephone, or post we may keep a record of that correspondence. This information is collected and recorded as we have a Legitimate Interest in holding details that will help us answer your contact query or complaint.
We may also collect certain information about your visits to and how you use our Website and the App. This may include your IP address, geographical location, device information, browser type, referral source, length of visit (including date and time), operating system, number of page views, which Services you have viewed or searched for, what quotes you have requested, purchases you have made and similar information. This information may be collected by a third-party website analytics service provider on our behalf and/or may be collected using cookies. For more information on cookies please refer to paragraph 6 below.
We have a Legitimate Interest to collect this information as this enables us to present up-to-date information to you and enables us to ensure that our website is meeting the needs of our customers and clients.
Information we receive from third parties:
We may collect information about you from third parties that we work closely with for the purposes of delivering to you the Services that you request from us. For example, the garages who will provide the Services to you on our behalf, Auto Data Guru Limited who help us to provide automotive information as part of the Services we provide to you.
By collecting information from third parties that we work with, we can fulfil contractual obligations with both the third parties and you. This falls within the lawful basis of Contract and performance of a Contract.
We may also engage third parties to operate websites on our behalf; these entities may collect information directly from you about your visits to the Site on our behalf. We contract with such parties and as part of the performance of these contracts we required them to collect certain information and share this with us as part of that contract.
We may also receive information about you from third parties where you have consented to such third-party sharing your information with us for specific purposes. For example, we might receive information about you from third parties if you have indicated to that third party that you would like to hear from us, with more information about our services. Again, where you provide consent for such contact or sharing, your Consent is the lawful basis for processing this information. As before, you have the right to withdraw consent and can do so by contacting us at support@fixter.co.uk or at 0330 808 9527.
3. HOW WE USE INFORMATION ABOUT YOU
You agree that we may use your information for the following purposes:
To provide you with access to our Website and the App, to provide you with Services that you have purchased any other information that you may have requested from us;
To contact you with the collection, delivery or other information about Services that you have ordered or purchased;
To keep in contact with you about other products or services of ours that we believe may interest you, provided that you have been a customer previously and you don't opt-out of receiving such communications;
To provide you with information about products or services of ours that we believe may interest you, where you have opted-in (given you consent) to receive such communications;
By submitting a phone number you are opting in to SMS messaging about other products or services and marketing offers that we believe may interest you.
Where you give us your consent to do so, to share your information with other selected third parties, to enable them to contact you with information about goods or services that may interest you;
To provide customer service and support, deal with enquiries or notify you of changes in relation to the Services you’ve ordered or purchased;
To improve our Website and the App and ensure that content is presented in the most effective and optimal manner;
To carry out aggregated and anonymised research about general consumer engagement with our Services;
To enable us to enforce our legal rights, or to protect the rights, property or safety of our employees; and
For security purposes.
4. WHO WE MIGHT SHARE YOUR INFORMATION WITH
We will share your personal information for the following reasons:
Any other selected third parties that we work with where necessary for the purposes of delivering you with the Services that you have purchased or any other services that you request from us, and we share your information as part of the contractual obligations with the selected third parties delivering services to you;
We work closely with Stripe who helps us to process purchases that you make with us. We will need to share your information with them to enable them to take payments. Sharing your information in this way enables us to fulfil our legal obligation to ensure that any payments are made in accordance with relevant financial regulations including tax regulations;
We might also engage other third-party subcontractors or service providers to help us host our Site and App or manage our services for example; When you use our service you will be asked about data usage that these third-party subcontractors may collect through the online settings and you can choose the settings through your browser;
Any other selected third party that you consent to our sharing your information with for marketing purposes;
Any prospective seller or buyer of our business or assets, in the event that we decide to sell or buy any business or assets as this will form part of any contract agreed with any seller or buyer. We will ensure that any such contract includes warranties and assurances for the protection of your personal information as part of the performance of such contract. For any sales of the business or assets, you can exercise your rights and gain clarification concerning the protection and processing of your information by the acquirer (buyer) by contacting them directly. We will provide contact details where this is applicable;
Any other third parties where necessary to enable us to enforce our legal rights or to protect the rights, property or safety of our employees or where such disclosure may be permitted or required by law.
5. COOKIES
We use cookies to ensure that you get the most out of our Website and App. Cookies are small amounts of information in the form of text files that we store on the device you use to access the Website and App. Cookies allow us to monitor your use of the software and simplify your use of the Website and App. For example, a temporary cookie is also used to keep track of your "session". Without that temporary cookie (which is not stored after you quit your browser) you would have to log on every time you access a new page.
If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the "Help" section of your internet browser (or alternatively visit http://www.aboutcookies.org). Please note that, if you do set your Internet browser to reject cookies, you may not be able to access all of the functions of the Website and your experience may be less satisfying without using cookies.
The names of the cookies used by the Website and App and the purposes for which these cookies are used are set out in this list.
Our Website may also contain content and links to other sites that are operated by third parties that may also operate cookies. We don't control these third-party sites or cookies and this Privacy Policy does not apply to them. Please consult the terms and conditions and Privacy Policy of the relevant third party site to find out how that site collects and uses your information and to establish whether and for what purpose they use cookies.
For more information check our Cookie Policy.
6. HOW WE LOOK AFTER YOUR INFORMATION AND HOW LONG WE KEEP IT FOR
We use appropriate technological and operational security measures to protect your information against any unauthorised access to or unlawful use.
Transmission of information over the internet can be insecure, and although we employ measures to protect your information from unauthorised access, you acknowledge that we cannot always guarantee the security of information sent over the internet.
We will retain your information for as long as is necessary to provide you with the services that you have requested from us or for as long as the law otherwise permits. We have a Retention Schedule that outlines the individual retention periods for the different data we collect, for example, financial information will be retained for 6 years after the current financial year to comply with financial and tax regulations (this means we have a legal obligation to retain this information). Contact us at support@fixter.co.uk for a copy of the retention schedule.
Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Your card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). PCI-DSS requirements help ensure the secure handling of credit card information by our payment provider, Stripe and its service providers. PCI-DSS is managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
For more insight, you may also want to read Stripe’s Terms of Service or Privacy Statement.
7. WHERE WE STORE YOUR INFORMATION
Our servers are Amazon Web Services AWS and all of the information that we collect about you will be stored on these servers.
Storing and keeping your information
Keeping your information safe and secure is important to us. We have policies, procedures, and technical security to do this, and our staff and associates all understand data protection and confidentiality.
Wherever possible we will store your information in the UK, however, some service providers that we have contracts with may use storage facilities elsewhere including the USA and countries outside the EU/EEA.
We will ensure that contracts and licences are in place for any service providers used, and that we have undertaken checks on contract clauses. This includes ensuring that any other countries have adequate levels of protection in place for personal data, the country has a UK agreement in place known as an 'adequacy decision', or that any provisions are equivalent to the protection that UK legislation provides.
8. THIRD-PARTY WEBSITES & SERVICES
The App and the Site may contain content from and links to various websites. This Privacy Policy will not apply to any personal information that is collected by such websites. Please consult the terms and conditions and privacy policy of such websites to find out how they collect and use Your personal information and to establish for what purposes they may use Your personal information.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Once you leave our App or Site or are redirected to a third-party website or application, you are no longer governed by this
9. YOUR RIGHTS TO THE INFORMATION WE HOLD ABOUT YOU
You have certain rights in respect of the information that we hold about you. These are:
The right to be informed about the processing of your personal information (that is why we provide this privacy policy);
The right to request access to the information that we hold about you;
The right to ask us to rectify any incorrect information that we hold about you;
The right to ask us to erase your personal data (also called the right to be forgotten);
The right to restrict processing in some circumstances;
The right to data portability where you gave provided you information with consent and we process this automatically;
The right to object to processing and in particular, the right to object to using your personal information for marketing purposes;
The right to not be subject to automated decision-making and profiling;
We have already mentioned this, but where you provide your information with consent, you can withdraw this at any time by contacting us at support@fixter.co.uk.
You may exercise your rights above by contacting us using the details set out in this Privacy Statement, or in the case of objecting to our marketing activities, by checking certain boxes on forms that we use to collect your data to tell us that you don’t want to be involved in marketing.
When you exercise your rights including access to your information, generally we do not charge a fee. We will only consider charging a fee if you ask for a second copy of data we have already provided to you, or your request is repeated and a reasonable time has not elapsed between requests, or we consider your request to be unfounded (for example, there is no real reason behind it) or it is excessive. If a fee is to be made, we are allowed to charge a reasonable fee and we will tell you about this before we continue with your request. We may also refuse your request if it is unfounded, repeated, or excessive but we will explain our reasons if this applies.
You can find out more about these rights and more on the Information Commissioner's Office website at www.ico.org.uk or by contacting us using the details set out in this Privacy Statement.
10. CHANGES TO THIS PRIVACY POLICY
We may make changes to this Privacy Policy from time to time. We will post any changes to our Website and the App or notify you of any material changes by e-mail. Any changes will come into effect the next time you engage with us after the changes have been notified.
11. ASSIGNMENT AND THIRD PARTY RIGHTS
Subject to the paragraph below, no one other than a party to this Privacy Policy shall have any right to enforce any of its terms.
Notwithstanding any other term of this Privacy Policy, if at any time we wish to appoint any other person (the New Licensee Entity) in our place for the purposes of this Privacy Policy:
We shall serve written notice on you informing you of that fact and the date (the New Entity Date) on which the appointment of the New Licensee Entity is to take effect;
We shall procure that the New Licensee Entity shall on or prior to the New Entity Date provide written confirmation to you that the New Licensee Entity shall assume our obligations and liabilities under this Privacy Policy with effect from the New Entity Date;
The New Licensee Entity shall become a party to this Privacy Policy in our place with effect from the New Entity Date and shall from that date be entitled to all of our rights, entitlements, remedies and benefits under this Privacy Policy and shall be obliged to perform or discharge all of our outstanding obligations and liabilities under this Privacy Policy and all references to us in this Privacy Policy shall be read and construed as if they instead referred to the New Licensee Entity as if in each case the New Licensee Entity had always been a party to this Privacy Policy as an original contracting party; and
With effect from the New Entity Date, we shall be unconditionally and irrevocably discharged from any obligations and liabilities under this Privacy Policy arising on or after the New Entity Date.