This is your guide as to how your personal data is managed by BidX1. Data privacy is taken very seriously by us. This document outlines our approach under the General Data Protection Regulation 2018 (GDPR). In this notice, we explain how we collect personal information about you, how we use it and how you can interact with us about it.
For information about how we use your personal data in connection with properties we market with Foxtons Limited as joint agents, please see section 16 at the end of this policy.
1. Who are BidX1?
1.1. “BidX1” means:
BidX1 Acquisitions Limited with a registered address of Heathcoat House, 20 Savile Row, Mayfair, London, W1S 3PR, and company number 11454833.
1.2. REPUBLIC OF CYPRUS:
- Why do you collect information about me? What information will you collect?
There are a number of reasons why BidX1 collect information. We need to know how to contact you, we need to be certain of your identity and we need to understand your circumstances so that we can offer you the best possible customer experience.
The type of information that BidX1 may collect from you includes:
- Your identity & contact name, copies of ID (which may include your date of birth), PPS number (or foreign equivalent), online user identifiers (such as your login details), IP addresses, cookie identifiers, email addresses and contact phone numbers.
- Bank account details, credit/debit card details, authorised signatory details, information relating to power of attorney arrangements.
- Information you provide to us about others or others provides to us about you. An example relates to information concerning bidder and purchaser details for a property when somebody is registering to bid at an auction. Before you disclose information to us about another person, you need to be sure that you have their agreement to do so.
- Sensitive categories of data - we may hold information about you which includes sensitive personal data. We will only hold this data when we need to for the purposes of the service we provide to you or where we have a legal obligation to do so. We are required to process sensitive personal data when we seek your passport ID or driving license ID in the context of compliance with our anti-money laundering obligations.
- The information which you have consented to us using such as allowing us to contact and send you property related communications on a periodic basis. We also collect information about your internet activity using the technology known as cookies which can often be controlled through internet browsers. A cookie is a little piece of text that our server places on your device when you visit any of our websites or apps. A cookie helps us to make our website work better for you.
- We use technologies to automatically collect information about your internet browser settings or Internet Protocol (IP) address, login information, location-based data and google analytics to improve our website offerings to you and to enhance your online visit to us.
- We may also collect CCTV images at our office locations (but only for security reasons and to help prevent fraud or crime). We will also hold information on data access, correction, restriction, deletion, porting and complaints relating to you.
- How do you collect information about me? And when do you do so?
We collect information about you in a number of different ways. Some examples include:
- When you set up an account with us online.
- When you register with us to participate in an auction.
- When you make a request to be added to our marketing database.
- When you use our website.
- When you or others give us information verbally or in writing. This information may be by way of registration forms, viewing attendee sheets, through correspondence with us or if you make a complaint.
- From your online activities with third parties where you have given us your consent (e.g. by consenting to our use of certain cookies or other location tracking technologies).
- How do you use my information?
We may use your personal data for matters such as confirming your identity, to help us in the processing of an application for one of our services or to improve your customer experience with us.
Your data is used to manage and administer your account. Your data is also used to process transactions. An example is where you have provided us with your credit or debit card information or if you have provided us with your bank account details.
We may use your data to contact you by post, phone, text message, email or social media using our website or other means but not in a way that is contrary to your instructions to us, legitimate interest or contrary to law. We may monitor and record our conversations when we speak on the telephone (to check your instructions to us and for training and quality purposes) but will advise you if we are doing so. Your data may also be used to recover debts you may owe and to manage and respond to a complaint or appeal that you have.
We may also use your data to manage our business for our legitimate interests, such as gathering location information from your mobile phone or another electronic device you may use to interact with us. Another legitimate interest of BidX1 is to conduct marketing activities such as direct marketing (provided that you have not objected to us using your details in this way) and research, including customer surveys, analytics, and related activities.
Your data may be used to carry out strategic planning and business portfolio management. This could include compiling and processing your information for audit, statistical or research purposes (including, in some instances, making your data anonymous) to help us understand trends in our customer behaviour and to understand our risks better, including providing management information, operational and data risk management.
We may use your data to protect our business, reputation, resources and equipment, to manage network and information security (developing, testing and auditing our websites and other systems, dealing with accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted personal data, and the security of the related services).
We protect your information with security measures under laws that apply, and we meet international standards in doing so. We keep our equipment, files, and buildings secure. Personal data could be used to prevent and detect fraud, dishonesty and other crimes (such as preventing someone from trying to steal your identity), including using CCTV at BidX1 office premises.
BidX1 may in the future wish to sell, transfer or merge part or all of its business or assets or to buy a new business or the assets of another business or enter into a merger with another business. If so, we may disclose your personal information under strict duties of confidentiality to a potential buyer, transferee, merger partner or seller and their advisers, so long as they agree to keep it confidential and to use it only to consider the possible transaction.
We need to use your information to manage and administer legal and compliance matters within BidX1, including compliance with regulatory, legislative and voluntary codes of practice to which we have committed. We use your data to comply with your information rights, to establish your identity and to comply with laws and regulations concerning the prevention of money laundering, fraud, and terrorist financing. As a result, we may need to disclose information to the government and other statutory bodies. Your data may be used to comply with binding court orders, search warrants, requests to assist the Gardai/Police Authorities with the investigation or prevention of an offence and orders relating to requests for mutual legal assistance in criminal matters received from foreign law enforcement agencies.
In relation to properties which we offer for sale, legal documentation is uploaded onto our website by Solicitors acting on behalf of Vendors. This documentation is uploaded for the sole purpose of allowing interested parties to carry out due diligence prior to placing a bid in relation to a property. The legal documentation will generally only be available to view for the marketing period relating to an auction, unless a property has sold prior to, or is withdrawn prior to, the auction. If a property is unsold at auction the legal documents will remain available for a 7-day period only post the auction.
- Does BidX1 use automated processing or analytics? What is the legal basis?
We do not use automated processing in relation to the information we collect from you as part of our business.
BidX1 use analytics for statistical purposes. This enables us to make more informed business decisions, including improving the quality of services we can offer.
- Do you share my information with anyone else?
We only share your information with a certain number of other parties and only as necessary. Examples of information sharing here include:
- Your authorized representatives. This would include your Attorney (under a Power of Attorney) and any other party authorized by you to receive your personal data.
- Third parties we need to share your information with in order to facilitate payments (for example, stripe, SWIFT, credit card issuers and merchant banks) and those you ask us to share your information with.
- In the event that you are proposing to purchase a property from us which we are offering for sale, we may disclose your data to the vendor of that property in order for your offer to be assessed.
- Companies that provide support services for the purposes of protecting our legitimate interests. Your personal information remains protected when our service providers use it. We only permit service providers to use your information in accordance with our instructions, they will have appropriate measures in place to protect your information. Our service providers include marketing and market research companies, IT and telecommunication service providers, software development contractors, data processors, debit/credit card companies, computer maintenance contractors, printing companies, property contractors, document storage and destruction companies, business advisers, debt collection agencies, auditors and other consultants, including legal advisers.
- Statutory and regulatory bodies (including central and local government) and law enforcement authorities. These bodies include the likes of The Data Protection Commissioner/Authorities, the Property Regulatory Authorities, An Garda Síochána/police authorities/enforcement agencies, the Revenue Commissioners, the Criminal Assets Bureau and the US, EU and other designated authorities in connection with combating financial and other serious crime.
- What about links on your website to other sites and social media?
Our Site may, from time to time, contain links to and from other websites and web platforms. In addition, third parties’ websites may also provide links to our Site. If you follow a link to any of those websites or web platforms, please note that those websites and web platforms have their own privacy policies and that we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites. We do not accept, and we disclaim, any responsibility for the privacy statements and information protection practices of any third-party website (whether or not such website is linked on or to the Site). These links are provided to you for convenience purposes only, and you access them at your own risk. It is your responsibility to check the third-party website’s privacy statements before you submit any personal data to their websites.
- How long do BidX1 hold onto my information?
The length of time we hold your data depends on a number of factors, such as regulatory and statutory requirements. Other considerations are the type of data we hold about you, whether the data is required for a legal dispute and whether you or a regulatory authority ask us to keep it for a valid reason.
As a general rule, we keep your information for a period of 8 years. However, if you request that BidX1 delete your data (prior to this 8-year period elapsing) we shall process your request unless there is a valid reason not to delete the data (such as a requirement to hold onto your data as we have a legal obligation to do so).
- What happens if I do not provide the requested information to BidX1?
Sharing information with us is in both your interest and ours. We need your information in order to provide our services to you, fulfil any contracts we have with you, to manage our business for our legitimate interests and to comply with our legal obligations.
You can choose not to share information with us but must understand that this may limit the services we are able to provide to you. We may not be able to provide you with certain services that you request. For example, if you do not provide us with all requested information when registering for an auction we may not be able to approve you to bid on a property.
- What is the legal basis for BidX1 using my information?
We will use your data and may share that data where:
- Its use is necessary for relation to a service or a contract that you have entered into or because you have asked for something to be done so that you can enter into a contract with us or so that we can provide a service to you.
- Its use is in accordance with our legitimate interests. Where we process your information for our legitimate interests, we ensure that there is a fair balance between our legitimate interest and your fundamental rights and freedoms. We may use your personal information to manage our everyday business needs including internal reporting, market research, to progress and respond to legal claims, to ensure appropriate IT security and to prevent fraud. Our legitimate interest here is the effective management of our business. We may use your personal information for marketing reasons, i.e. to update you in relation to property related matters. Our legitimate interest here is to connect with you and to update you on properties and services we provide which may be of interest to you. You will always have an option to unsubscribe from marketing communications every time we contact you.
- Its use is necessary because of a legal obligation that applies to us.
- You have consented to the using of your data (including special categories of data) in a specific way.
- Where you have made clearly sensitive categories of data about yourself public.
- Where the processing of special categories of data is necessary for the establishment, exercise or defence of legal claims.
- Does BidX1 process my information outside the European Economic Area (EEA)?
Your information is stored on secure systems within the premises of BidX1 and with providers of secure information storage. BidX1 do not generally transfer information about you outside the EEA.
In certain circumstances, we may allow the transfer of information about you outside the EEA by our service providers, but only if they agree to act solely on our instructions and to protect your information to the same standard that applies in the EEA. Where we authorise the processing/transfer of your personal information outside of the EEA, we require your personal information to be protected to at least Irish standards.
- What rights do I have under GDPR?
You have several rights in relation to how we use your information and we have significant obligations in this regard.
You have the right to:
- Find out if we use your information, to access your information and to receive copies of the information we have about you. When you contact us to ask about your information, we may ask you to identify yourself. This is to help protect your data. If you make your request electronically we will, where possible, provide the relevant information electronically unless you ask us otherwise.
- Request that inaccurate information is corrected, and incomplete information updated.
- Object to particular uses of your personal data where the legal basis for our use of your data is our legitimate business interests. However, doing so may have an impact on the services we can / are willing to provide.
- Object to use of your personal data for direct marketing purposes.
- Have your data deleted or its use restricted – you have a right to this under certain circumstances.
- Obtain a transferable copy of certain data which can be transferred to another provider, known as “the right to data portability”. This right applies where personal information is being processed based on consent or for the performance of a contract and the processing is carried out by automated means. The right also permits the transfer of data directly to another provider where technically feasible.
- Withdraw consent at any time, where any processing is based on consent. If you withdraw your consent, it will not affect the lawfulness of processing based on your consent before its withdrawal.
We shall process your request without undue delay. In most instances, we will process your request within one calendar month. If we are unable to deal with your request fully within a calendar month (due to the complexity or number of requests), we may extend this period by a further two calendar month period. Should this be necessary, we will explain the reasons why.
You also have the right to complain to BidX1, the Data Protection Commissioner or another supervisory authority. If you have a complaint about the use of your personal information, please let BidX1 know and we shall seek to resolve your issue as soon as possible. If you wish to make a complaint to BidX1 you may do so in person, by telephone, in writing or by email. Please be assured that all complaints received by us will be fully investigated. We ask that you supply as much information as possible to help us to resolve your complaint quickly.
- How do I contact BidX1 and/or your Data Protection Officer?
Telephone: +353 (0)1 667 3388
Postal Address: BidX1, 2 Shelbourne Buildings, Crampton Avenue, Dublin 4, D04 W3V6
- Can I contact anyone else?
If you are not satisfied with how BidX1 is dealing with your complaint, please refer to Annexure 1 for jurisdiction-specific data protection authorities’ details.
16. Properties marketed by BidX1 and Foxtons Limited as joint agents
This section explains how we and Foxtons use your personal data in connection with any property we market together as joint agents (we call these “joint properties”). It sets out each of our responsibilities to you regarding that data.
For joint properties, BidX1 and Foxtons are joint controllers in relation to your personal data. This means we decide together how that data will be used.
BidX1’s and Foxtons’ responsibilities
If you are a prospective purchaser (for example, if you contact or register with us to participate in an auction):
- BidX1 will be your main point of contact in relation to your personal data. (See “How do I contact BidX1 and/or your Data Protection Officer?” for our contact details);
- BidX1 will share your personal data with Foxtons. (See “Data which BidX1 may share with Foxtons” for more details).
Regardless of whether BidX1 or Foxtons collects data from you:
- if you make a request to exercise any of your data subject rights or if you make a complaint in relation to your personal data, the company you send the request or complaint to will be responsible for responding. However, under data protection law you can exercise your rights against either company;
- if a data breach occurs involving your personal data, the company that owns or is in charge of the premises or systems where the breach occurred will be responsible for notifying you (where it is necessary to do so).
Additional data which BidX1 may collect from you
In addition to the information set out in the section “Why do you collect information about me? What information will you collect?” above, we may collect the following additional data from you or Foxtons in connection with a joint property.
- details about the property you are interested in, the fact that you have bid on a particular property, the amount of your bid and your payment of financial deposits (but not your account or card details).
If you are a vendor, this includes:
- basic details about you, your agents and your solicitors that are relevant to the marketing and sale of the joint property (including names, company names, contact details and the address of the property).
Data which BidX1 may share with Foxtons
If you are a prospective purchaser, we will share some of your personal data with Foxtons in order to promote, progress and complete the sale of a joint property, and to report your interest and the progress of the sale to the vendor. This includes:
- your name, contact details, address, and the property you are interested in, the fact that you have bid on a particular property, the amount of your bid, your activity on our website, your communications with us, contact details of your solicitors, and your payment of financial deposits.
In addition, if you give your consent, we may share some of your data with Foxtons for its marketing purposes. This includes your name and contact details. (See “Marketing” below.)
- your name, contact details, your property, the reserve price of your property, any bids that have been accepted and your communications with us.
If you are a prospective purchaser, BidX1 would like to send you details of other relevant auctions and Foxtons would like to send you details of other relevant properties which may be of interest to you.
When you first contact or register with us in relation to a joint property, we will ask whether you consent to:
- marketing from BidX1; and/or
- BidX1 sharing some of your data with Foxtons so that Foxtons can send marketing to you.
Our legal basis for processing your data
We collect and share most of your data for the purposes of our and Foxtons’ legitimate interests to co-ordinate the joint agency and to promote, progress and complete the sale of joint properties.
However to process your data for marketing purposes, we rely on your consent, if you choose to give it to us (see “Marketing”).