Last updated on 24 November 2022
Car & Classic respects your privacy and is committed to protecting your personal data. This privacy policy describes the types of personal information we collect (when you visit our website at www.carandclassic.com, use our mobile applications, sign up to our newsletter, take part in our competitions and/or events, or generally use our services). It also describes how we may use your information and with whom we may share it. The notice describes the measures we take to protect the security of your personal information (regardless of where you visit our website from). We also tell you how you can reach us to ask us to (i) access, change or not use the personal information you have provided to us, (ii) withdraw any consent you previously provided to us, (iii) tell us to stop communicating with you about our products, and (iv) answer any questions you may have about our privacy practices.
Please use the Glossary at the end to better understand the meaning of some of the terms used in this Privacy Policy.
1.1 Purpose of this Privacy Policy. This privacy policy aims to give you information on how Car & Classic collects and processes your personal data through your use of this website and/or our mobile applications (including any data you may provide when you sign up to our mailing list, create an account, take part in a competition, register for an event, browse, buy, bid on, list, market, offer for sale, and sell cars, motorbikes or any other car related items listed on the website) or otherwise interact with us and it tells you about your privacy rights and how the law protects you.
1.2 Our services are not intended for children and we do not knowingly collect data relating to children.
1.3 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. This privacy policy supplements the other policies and is not intended to override them.
2.1 Controller. Car & Classic is made up of different trading entities, including Car & Classic Limited and Les Anciennes Limited. This privacy policy is issued on behalf of the Car & Classic Group so when we mention Car & Classic, "we", "us" or "our" in this privacy policy, we are referring to the relevant brand in the Car & Classic Group responsible for processing your data. Car & Classic is the controller and is responsible for this website. We have appointed a 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 privacy manager using the details set out in this Privacy Policy.
3.1 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 check the details you provide with fraud prevention agencies and share your information with them if we suspect fraud. It is important that you don’t provide false, inaccurate information or impersonate another individual.
3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
3.3 Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender. It also includes images of your face and appearance when appearing on video footage or photograph when you attend any of our events.
3.4 Contact Data includes billing address, delivery address, email address and telephone numbers.
3.5 Financial Data includes bank account and payment card details
3.6 Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
3.7 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.
3.8 Profile Data includes your username and password, unique account reference number, bids, offers and purchases made by you on the platform, your search preferences, feedback, survey responses, and other correspondence.
3.9 Usage Data includes information about how you use our website and services.
3.10 Marketing and Communications Data includes correspondence with us and your preferences in receiving marketing from us and our third parties and your communication preferences.
3.11 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
3.12 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.13 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 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.
4.1 We use different methods to collect data from and about you including through:
4.2 Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, providing documentation or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
(a) apply for our services;
(b) purchase or use of our platform and services;
(c) create an account on our website, or otherwise;
(d) subscribe to our services or publications;
(e) request marketing to be sent to you;
(f) register or attend one of our events;
(g) contact us to report a problem with the website or services, or for other purposes;
(h) enter a competition, promotion or survey;
(i) upload an advert or create a listing on our website; or
(j) give us feedback.
4.3 Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy here for further details.
4.4 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
(a) Technical Data from the following parties: analytics providers based outside the EU, such as Google Analytics;
(b) Contact, Financial and Transaction Data from providers of technical, payment and delivery services, such as credit reference agencies.
(c) Identity and Contact Data from know your customer services.
(d) Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register.
5.1 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:
5.2 Where we need to perform the contract we are about to enter into or have entered into with you.
5.3 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.
5.4 Where we need to comply with a legal or regulatory obligation.
5.5 Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email, post or text message. You have the right to withdraw consent to marketing at any time by contacting us.
5.6 Purposes for which we will use your personal data. We have set out below, in a table format, a description of all the ways we plan to 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.
5.7 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.
Purpose/Activity | Type of Data | Lawful basis for processing |
---|---|---|
To register you as a new customer or user | (a) Identity (b) Contact (c) Profile | Performance of a contract with you |
To provide the services to you including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) (c) Necessary for the legitimate interests of others (preventing fraud) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms and conditions or services (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services) |
To enable you to partake in a prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business) |
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical | Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy) |
To use data analytics to improve our website, services, marketing, customer relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications | Necessary for our legitimate interests (to develop our services and grow our business) |
To enable you to search for and purchase vehicles on our marketplace | (a) Identity (b) Contact (c) Profile | (a) Performance of a contract with our customers (b) Necessary for our legitimate interest (to support out business model) |
To film or photograph event participation for the purpose of promoting attendance | (a) Image | Necessary for our legitimate interests (to develop our services and grow our business) |
6.1 We may share your personal data with the parties set out below for the purposes set out in the table in section 4 above.
(a) Internal Third Parties as set out in the Glossary.
(b) External Third Parties as set out in the Glossary.
6.2 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.
6.3 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.
7.1 We share your personal data within the Car & Classic Group. This will involve transferring your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data.
7.2 Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
7.3 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring safeguards are implemented. For instance, we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the UK Government and the European Commission (as applicable in each case). For further details, see the ICO website and European Commission: Adequacy of the protection of personal data in non-EU countries.
8.1 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.
8.2 We have put in place 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.
9.1 How long will you use my personal data for? We will only retain your personal data for as long as 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.
9.2 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.
9.3 Details of retention periods for different aspects of your personal data are provided in all the privacy notices displayed whenever you provide us with your personal data and will vary according to the purpose for which they are collected.
9.4 We keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
9.5 In some circumstances you can ask us to delete your data: see below for further information.
9.6 In some circumstances we may 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.
10.1 Your Legal Rights. You have the right to:
(a) Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
(b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(c) Request correction of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of new data you provide to us.
(d) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
(e) Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
(f) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
i. if you want us to establish the data's accuracy.
ii. where our use of the data is unlawful but you do not want us to erase it.
iii. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
iv. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(g) Request the transfer of your personal data to you or to a third party.
(h) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
10.2 If you wish to exercise any of the rights set out above, please contact us at [email protected].
10.3 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 may refuse to comply with your request in these circumstances.
10.4 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.
10.5 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.
11.1 Contact Details. If you have any questions about this privacy policy or our privacy practices, please contact our privacy manager in the following ways:
(a) Full name of legal entity: Car & Classic Limited and Les Anciennes Limited
(b) Email address: [email protected]
(c) Postal address: International House, 36-38 Cornhill, London, EC3V 3NG
(d) Telephone number: 0333 090 0599
11.2 Information Commissioner's Office: 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. 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.
14.1 Lawful Basis. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
14.2 Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
14.3 Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
14.4 Internal Third Parties. Other brands in the Car & Classic Group acting as joint controllers or processors in and outside the EEA.
14.5 External Third Parties.
(a) Other users and customers of our services.
(b) We use third party service providers (based in the EEA), who act as processors and provide IT and system administration, accounting, invoicing, storage, insurance and other services.
(c) We use public databases and credit reference agencies who assist in providing the services.
(d) We use professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers (based in the EEA) who provide consultancy, banking, legal, insurance, accounting and other services.
(e) HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom.